Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, Department of the Army, Army Research, Development and Engineering Command, Natick Soldier Research, Development and Engineering Center (NSRDEC), 68448-68475 [E9-30478]
Download as PDF
68448
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
DEPARTMENT OF DEFENSE
Office of the Secretary
Science and Technology Reinvention
Laboratory Personnel Management
Demonstration Project, Department of
the Army, Army Research,
Development and Engineering
Command, Natick Soldier Research,
Development and Engineering Center
(NSRDEC)
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
AGENCY: Office of the Deputy Under
Secretary of Defense (Civilian Personnel
Policy), (DUSD (CPP)), Department of
Defense (DoD).
ACTION: Notice of approval of a
demonstration project final plan.
SUMMARY: Section 342(b) of Public Law
103–337, as amended, authorizes the
Secretary of Defense to conduct
personnel demonstration projects at
Department of Defense (DoD)
laboratories designated as Science and
Technology Reinvention Laboratories
(STRLs). The above-cited legislation
authorizes DoD to conduct
demonstration projects to determine
whether a specified change in personnel
management policies or procedures
would result in improved Federal
personnel management. Section 1107 of
Public Law 110–181 as amended by
section 1109 of Public Law 110–417
requires the Secretary of Defense to
execute a process and plan to employ
the Department’s personnel
management demonstration project
authorities found in title 5 United States
Code (U.S.C.) 4703 at the STRLs
enumerated in 5 U.S.C. 9902(c)(2) as redesignated in section 1105 of Public
Law 111–84 and 73 Federal Register
(FR) 73248 to enhance the performance
of these laboratories. The NSRDEC is
listed as one of the designated STRLs.
DATES: Implementation of this
demonstration project will begin no
earlier than February 1, 2010.
FOR FURTHER INFORMATION CONTACT:
NSRDEC: Ms. Karen Sullivan, Natick
Soldier Research, Development and
Engineering Center, (RDNS–BOW),
Kansas Street, Natick, MA 01760,
(508) 233–4479.
DoD: Ms. Betty A. Duffield, CPMS–
PSSC, Suite B–200, 1400 Key
Boulevard, Arlington, VA 22209–5144
SUPPLEMENTARY INFORMATION:
1. Background
Since 1966, many studies of
Department of Defense (DoD)
laboratories have been conducted on
laboratory quality and personnel.
Almost all of these studies have
recommended improvements in civilian
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
personnel policy, organization, and
management. Pursuant to the authority
provided in section 342(b) of Public
Law 103–337, as amended, a number of
DoD STRL personnel demonstration
projects were approved. These projects
are ‘‘generally similar in nature’’ to the
Department of Navy’s ‘‘China Lake’’
Personnel Demonstration Project. The
terminology, ‘‘generally similar in
nature,’’ does not imply an emulation of
various features, but rather implies a
similar opportunity and authority to
develop personnel flexibilities that
significantly increase the decision
authority of laboratory commanders
and/or directors.
This demonstration project involves:
(1) Two appointment authorities
(permanent and modified term); (2)
extended probationary period for newly
hired engineering and science
employees; (3) pay banding; (4)
streamlined delegated examining; (5)
modified reduction-in-force (RIF)
procedures; (6) simplified job
classification; (7) a pay-for-performance
based appraisal system; (8) academic
degree and certificate training; (9)
sabbaticals; and (10) a Voluntary
Emeritus Corps.
2. Overview
DoD published notice in 73 FR 73248,
December 2, 2008, that pursuant to
subsection 1107(c) of Public Law 110–
181 the three STRLs listed in 5 U.S.C.
9902(c)(2) as re-designated in section
1105 of Public Law 111–84 not having
personnel demonstration projects may
adopt any of the flexibilities of the other
laboratories listed in subsection
9902(c)(2) as re-designated in section
1105 of Public Law 111–84 and further
provided notice of the proposed
adoption of an existing STRL
demonstration project by two centers
under the United States (U.S.) Army
Research, Development and Engineering
Command (RDECOM): Edgewood
Chemical Biological Center (ECBC) and
NSRDEC. The notice indicated that
these two centers intended to adopt the
STRL Personnel Management
Demonstration project designed by the
U.S. Army Communications-Electronics
Command, Research, Development, and
Engineering organizations (a
reorganization changed this designation
to the U. S. Army CommunicationsElectronics Research, Development and
Engineering Center (CERDEC)). Relative
to NSRDEC’s intent to adopt the
CERDEC demonstration project, DoD
received written comments from 5
individuals, including a union official,
during the public comment period
which ended on January 2, 2009. In
addition, one individual provided
PO 00000
Frm 00002
Fmt 4701
Sfmt 4703
comments after the close of the
comment period. All comments were
carefully considered. The comments
received after the close of the comment
period are not included in the summary
below, but were discussed with the
individual who provided the comments.
The following summary addresses the
pertinent comments received, provides
responses, and notes resultant changes
to the original CERDEC project plan
published in 66 FR 54872, October 30,
2001. Several commenters addressed
more than one topic and each topic was
counted separately. Thus, the total
number of comments exceeds the
number of individuals cited above.
A. Miscellaneous
Four miscellaneous comments were
received.
Comments: Two commenters
provided favorable comments on the
expected benefits to NSRDEC as a result
of the demonstration project and on the
value of pay banding to retain and
reward high performers. Two other
comments reflected the need to make
revisions and other adjustments in the
document to reflect NSRDEC and its
workforce and to make other updates for
legal and regulatory changes that have
occurred.
Response: A number of changes were
made to include NSRDEC as the name
of the organization, its organizational
and workforce information, approval
authorities, and technical modifications
to conform to changes in the law and
governing regulations. In addition, some
sections have been reformatted for
clarity and to improve readability.
Throughout the document changes have
been made to clarify and provide
consistent use of pay terminology.
Minor revisions have been made to
Appendix C, Performance Elements, to
be consistent with the descriptions
currently in use by CERDEC.
B. Pay Bands
Two comments were received
concerning pay bands.
Comments: One commenter advised
that reconsideration be given to initial
placement of all GS–14 engineers and
scientists to the Engineering and
Scientist (E&S) (DB) Pay Band IV and
requested clarification of how any
subsequent conversions for GS–14 E&S
positions will be handled. Another
comment suggested that the number of
Pay Band V positions be expanded to
permit a certain number or percent at
each STRL since the current limited
number has already been allocated to
other organizations which would
preclude NSRDEC from using this
flexibility.
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Response: We have carefully
considered these comments. With
regard to placement of GS–14 E&S,
language has been changed in III.A.1.
and added in III.A.2. to reflect that upon
conversion NSRDEC employees in the
E&S family at grade GS–14 will be
assigned to Pay Band IV.
In response to the second comment,
the use of Pay Band V has proven to be
beneficial in recruiting and retaining
highly-qualified senior scientific
technical managers in those STRL
personnel demonstration projects that
have such positions. The limited
number of such positions makes it
difficult to meet the requirements of all
the STRLs who wish to use this
flexibility. The DoD is currently
reviewing all Pay Band V positions. No
change is proposed in the number of
Pay Band V positions pending the
completion of the DoD review.
C. Pay for Performance
Five comments were received related
to the pay-for-performance system.
Comments: One commenter expressed
concern that performance and pay
related decisions of supervisors could
be personality-driven and that
employees did not have sufficient trust
in their supervisors to increase the
authority of supervisors to make payrelated decisions. Another commenter
expressed concern that pay for
performance will undermine
organizational performance. The
commenter has not been able to identify
performance management experts that
support rating/ranking of employees.
The commenter emphasized the
importance of assuring that performance
objectives provide a consistent level of
challenge and urged adding a level of
employee oversight for balance. Another
commenter considered that the
proposed system is no less subjective
than the present system. Finally,
another commenter was concerned that
adoption of the demonstration project
pay-for-performance system would
adversely affect mobilized reservists and
guardsmen.
Response: As cited by the commenter,
a recent Merit Systems Protection Board
survey suggests that, across the Federal
government, a number of survey
respondents lack trust that their
supervisors will treat them fairly.
Workforce support is crucial to the
success of the demonstration project,
and a concerted effort will be made to
build trust and confidence in the
demonstration project. On-going
communication with the workforce is
eliciting their opinions. A cross-section
of employees participate in a Workforce
Advisory Group and are actively
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
involved in identifying training needs
and developing operating procedures.
Training in the pay-for-performance
system and other aspects of the
demonstration project will be
mandatory for all supervisors. The use
of a structured reconciliation process to
determine performance payouts will
facilitate enhancing fairness and
consistency. The process provides for
raters to conduct a review, comparing
preliminary scores and building
consensus to achieve consistent ratings
across the pay pool. Finally, perceived
fairness of the appraisal process has
been identified as an area for evaluation
and will be included in surveys of the
workforce and focus group discussions
with employees. An annual report with
a thorough review and analysis of the
pay-for-performance cycle will be
published to assist in providing greater
transparency. Active outreach combined
with the structured reconciliation
process and transparency will help to
build the trust necessary for successful
implementation.
Improving organizational
effectiveness is the driving goal
supporting implementation of the
laboratory personnel demonstration
project. The Office of Personnel
Management (OPM), in its independent
evaluation of STRL personnel
demonstration projects, found a limited
but positive impact of implementation
of a demonstration project on laboratory
effectiveness. All STRL demonstration
projects include a pay-for-performance
system as a means to achieve improved
organizational effectiveness. Though
there are difficulties with performance
reviews, such reviews are a mainstream
practice, commonplace within the
private, non-profit and public sectors.
Performance appraisal is specifically
required by 5 U.S.C. chapter 43.
Demonstration projects build on this
requirement by increasing the link
between pay and performance. Survey
results indicate that, after
implementation of a demonstration
project, many more respondents agree
that pay raises depend on performance.
The pay-for-performance system is an
integral component of a demonstration
project’s more flexible and responsive
human resources system. The design of
the NSRDEC pay-for-performance
system will increase and improve
communication between the supervisor
and the rater during the rating cycle,
provide for alignment of performance
objectives with organizational goals and
objectives, and use features such as a
workforce survey to gauge the
effectiveness and level of support for
pay for performance.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4703
68449
There is a need to assure an
appropriate level of challenge in
performance objectives across the
NSRDEC organization. In the current
system, preparing performance
objectives has traditionally been a
matter between the rater and the
employee. Some efforts have been made
to review objectives within an
individual directorate and training has
been provided on what is a ‘‘good’’
objective. The demonstration project
will serve to improve consistency across
the organization. All supervisors will
have mandatory pay-for-performance
training that will include writing
performance objectives. The NSRDEC
Workforce Advisory Group has taken a
key interest in improving performance
objectives and will help to develop
sample performance objectives. The
sample objectives will be linked to
occupational family and pay band. At
the start of the first performance cycle,
the raters within a pay pool and the pay
pool manager will review and provide
feedback on performance objectives.
The pay pool manager will review the
objectives and weights assigned to
employees within the pay pool to verify
consistency and appropriateness. These
efforts should significantly improve
consistency and equity in performance
expectations within NSRDEC.
Some level of subjectivity is inherent
in performance appraisal systems.
Additional features of the pay-forperformance system will serve to
facilitate understanding of performance
expectations and to limit bias and
favoritism. Improved communication
throughout the rating cycle serves to
help build a common understanding of
performance expectations and to make
progress toward achieving those
expectations. This, plus the structured,
thorough review process, improves the
likelihood for consistency and equity in
the ratings. Major design features of the
rating system are intended to overcome
perceptions of favoritism and limited
differentiation among ratings. The
automated ‘‘Performance Evaluation
Tool’’ helps assure that objectives are in
place on a timely basis,
accomplishments are recorded, and
communication related to performance
is on-going. The pay-for-performance
system uses standard performance
elements and performance benchmarks
to evaluate employee performance that
supports the mission, allows managers
to make meaningful performance
distinctions, considers current pay in
making performance-based pay
decisions and provides information to
employees about the results of the
appraisal process and pay decisions. At
E:\FR\FM\24DEN2.SGM
24DEN2
68450
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
the end of the rating period, employees
provide their accomplishments.
Following the initial scoring of each
employee, raters in an organizational
unit along with their next level of
supervision meet to ensure consistency
and equity of the ratings. Through
discussion and consensus building,
consistent and equitable ratings are
determined based on similar level of
performance, level of work and level of
base pay. This improves upon the
current performance appraisal system
where there are only brief performance
standards described for the fully
successful level and rating is typically
done by a supervisor with review and
approval by a senior rater.
Finally, adoption of the
demonstration project and its pay-forperformance system must meet the
requirements of the Uniformed Services
Employment and Reemployment Rights
Act. Operating procedures will provide
a mechanism for mobilized employees
to receive a presumed performance
rating of record that will permit base
pay increases and/or bonuses. As is
done under other pay-for-performance
systems, operating procedures will
require use of the most recent or average
rating or record over a specified period,
use of modality ratings or other
mechanism to assure that mobilized
employees who are unable to be rated
receive the base pay increases that could
have been received except for the
mobilization.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
D. Pay Pool Funding
Two comments were received related
to pay pool funding.
Comments: A commenter
recommended revising the pay pool
percentage factor to be a minimum of
2.0 percent for base pay funding and 1
percent for bonus. Another commenter
recommended that locality pay not be
included in the pay pool funding.
Response: The recommendation to set
a minimum of 2 percent for the base and
1 percent for the bonus has been
accepted. The general pay increase
(including locality pay) is not included
in the pay pool funding.
E. Extraordinary Achievement Award
Two comments were received related
to the Extraordinary Achievement
Recognition.
Comments: One commenter suggested
that the Extraordinary Achievement
Recognition language be moved to a
separate section since it is considered
after and separate from the pay pool
payout process. The same commenter
also proposed that the Extraordinary
Achievement Recognition language be
revised to allow for bonus as an
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
alternative to granting a base pay
increase since capped employees would
be precluded from receiving this
recognition.
Response: While an Extraordinary
Achievement Recognition is considered
after the pay pool payout process, it is
not entirely separate from the process
itself. Following the performance
evaluation process, the pay pool
manager is the agent who requests
permission from the Personnel
Management Board to grant a base pay
increase higher than the one generated
by the compensation formula for that
employee. However, senior management
is in agreement that a separate
paragraph would clarify the intent and
process for the Extraordinary
Achievement Recognition and has
moved the provision to a separate
paragraph in III.C.9. ‘‘Base Pay Increases
and Bonuses’’.
As to the second comment, language
has been added to the new section at
III.C.9., referenced above, allowing for
the option to grant either a base pay
increase and/or a bonus as an
Extraordinary Achievement
Recognition. This permits employees
whose base pay is at the maximum of
their pay band to receive this
recognition.
F. Pay
Three comments were received
related to pay setting.
Comments: One commenter suggested
relieving pay compression by providing
additional waivers to permit full locality
payment, changing supervisory/team
leader pay adjustments and pay
differentials to provide up to 10 percent
for team leaders, and providing a pay
increase of up to a defined amount
when a person moves to a position of
greater responsibility (reassignment)
within the same pay band.
Response: There is concern that
individuals whose base pay is at the
higher end of the GS–15 base pay range
do not receive their full locality pay.
This situation also occurs within the
demonstration project since both DB IV
and DE IV are linked to a range of GS
base pay with a cap equivalent to the
GS–15, step 10, base pay rate. However,
increasing the maximum base pay for
GS–15 equivalent pay bands will create
a compensation imbalance with
individuals in Scientific and
Professional and Senior Executive
Service positions. This locality cap
issue is being examined at higher levels;
therefore no change is proposed.
The suggestion to increase the
maximum for team leader base pay
adjustments and differentials from 5
percent to 10 percent was considered.
PO 00000
Frm 00004
Fmt 4701
Sfmt 4703
However, the decision was made to
retain a distinction in the amount of
adjustment or differential that could be
provided for team leaders versus
supervisors.
Finally consideration was given to
permitting a base pay increase upon
reassignment. Since broad pay bands
include positions of varying complexity
and responsibility, a base pay increase
would provide incentive to encourage
employees to accept positions of greater
responsibility in the same pay band.
Therefore, language has been added at
III.F.5. to address this issue and to
define ‘‘reassignment’’ in III.E.2. A
reassignment may be effected without a
change in base pay. However, a base pay
increase may be granted where a
reassignment significantly increases the
complexity, responsibility, authority or
for other compelling reasons. Such an
increase is subject to the specific rules
established by the Personnel
Management Board.
G. Awards
One comment was received related to
incentive awards.
Comment: One commenter suggested
use of an employee oversight board as
a means to achieve consistency across
the NSRDEC in the use of incentive
awards.
Response: Awards (such as the
traditional 5 U.S.C. special act, on-thespot, and time-off) are not linked to the
pay-for-performance system and will
continue as a means to reward
individuals and groups for their
achievements and as an incentive for
superior performance. Review and
assessment of the use of these awards
will continue following current practice.
H. Promotion
Comment: One comment was received
related to the minimum performance
score required for promotion eligibility.
Response: One commenter suggested
lowering the minimum performance
score required for eligibility for
promotion. The FR requires a
performance score of 30 or higher for
promotion eligibility. But, scores of 10
and higher are acceptable, with scores of
21 and higher earning a performance
payout. Setting a minimum score of 30
for promotion sets the requirement
higher than the score for a performance
payout and may discourage the use of
scores in the 21 to 29 range.
Accordingly, a score of 21 is set as the
minimum requirement for promotion.
I. Period
One comment was received related to
probationary periods.
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
Comment: One commenter advised
that a recent court decision limited the
intent of the extended probationary
period.
Response: The extended probationary
period applies to newly hired engineers
and scientists. Its purpose is to allow
the supervisor a sufficient period of
time to fully evaluate an employee’s
performance and conduct. The extended
probationary period of up to three years
allows supervisors sufficient time to
properly, objectively and completely
evaluate an employee’s performance
and conduct. Probationary employees
whose conduct and/or performance is
unsatisfactory may be terminated in
accordance with the procedures in 5
Code of Federal Regulations (CFR) part
315. However, a recent court decision
has extended adverse action procedural
and substantive protections to
individuals defined as employees
without regard to whether the
individuals are serving a probationary
period. To permit termination during
the probationary period without using
adverse action procedures, waivers have
been added under IX. Required Waivers
to Law and Regulation to allow for up
to a three-year probationary period and
to remove from the definition of
employee, except for those with
veterans’ preference, those serving a
probationary period under an initial
appointment who do not have veterans’
preference
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
J. Reduction in Force
One comment was received related to
reduction in force.
Comment: One commenter expressed
concern that the implementation of a
laboratory demonstration project for
NSRDEC would result in separate
competitive areas for employees who
work at various installations co-located
with NSRDEC at the Natick Soldier
Systems Center (NSSC).
Response: The implementation of a
demonstration project at NSRDEC will
not affect the determination of separate
competitive areas for the distinct
organizations located at NSSC. To the
extent that the organizations located at
NSSC are distinct organizations with
separate command structures, there
would be separate competitive areas in
the event of a RIF in one of these
organizations.
K. Conversion
One comment was received related to
conversion of interns into the
demonstration project.
Comment: One commenter
recommended that conversion of interns
into the demonstration project occur
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
when the employees reach their full
performance level for their GS position.
Response: Interns typically receive
several career promotions prior to
reaching their full performance level.
Average base pay for performance
payouts may not provide increases as
substantial as career promotions under
the GS. Delaying conversion into the
demonstration project pay bands until
an intern reaches full performance level
will assure that the intern’s base pay is
commensurate with the full
performance level base pay. Therefore,
the language at II.E. has been revised to
reflect that interns will not convert into
demonstration pay bands until they
reach their full performance level.
3. Access to Flexibilities of Other STRLs
Flexibilities published in this Federal
Register shall be available for use by all
STRLs listed in section 9902(c)(2) of
title 5, United States Code, if they wish
to adopt them in accordance with DoD
Instruction 1400.37; pages 73248 to
73252 of volume 73, Federal Register;
and the fulfilling of any collective
bargaining obligations.
Dated: December 17, 2009.
Patricia Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
Table of Contents
I. Executive Summary
II. Introduction
A. Purpose
B. Problems With the Present System
C. Changes Required/Expected Benefits
D. Participating Organizations
E. Participating Employees and Union
Representation
F. Project Design
G. Personnel Management Board
III. Personnel System Changes
A. Pay Banding
B. Classification
C. Pay for Performance
D. Hiring Authority
E. Internal Placement
F. Pay Setting
G. Employee Development
H. Reduction-in-Force Procedures
IV. Implementation Training
V. Conversion
A. Conversion to the Demonstration Project
B. Conversion Out of the Demonstration
Project
C. Personnel Administration
D. Automation
E. Experimentation and Revision
VI. Project Duration
VII. Evaluation Plan
A. Overview
B. Evaluation Model
C. Evaluation
D. Method of Data Collection
VIII. Demonstration Project Costs
A. Cost Discipline
B. Developmental Costs
IX. Required Waivers to Law and Regulation
PO 00000
Frm 00005
Fmt 4701
Sfmt 4703
68451
A. Waivers To Title 5 U.S.C.
B. Waivers To Title 5 CFR
Appendix A: NSRDEC Employees by Duty
Locations
Appendix B: Occupational Series by
Occupational family
Appendix C: Performance Elements
Appendix D: Intervention Model
I. Executive Summary
This project adopts with some
modifications the STRL personnel
management demonstration project,
designed by the U.S. Army
Communications-Electronics Command
(CECOM), Research, Development and
Engineering (RDE) organizations, with
participation and review by the
Department of the Army (DA) and DoD
to the U.S. Army RDECOM, NSRDEC.
After implementation of the CECOM
RDE demonstration project, CECOM
reorganized. Its laboratory, the
Communications-Electronics Research,
Development, and Engineering Center
(CERDEC), was realigned under
RDECOM. At the same time, the
NSRDEC was also realigned under
RDECOM. The NSRDEC includes the
NSRDEC organization at the Natick
Soldier Systems Center site, NSRDEC
employees matrixed to Program/Project/
Product Management Offices (e.g., PM–
Force Sustainment Systems, and PM–
Clothing and Individual Equipment) as
well as NSRDEC employees with duty
stations at other sites.
The NSRDEC, located at Natick
Soldier Systems Center (SSC) in Natick,
Massachusetts, conducts research,
technology development, testing and
integration aimed at maximizing the
individual soldier’s survivability,
sustainability, mobility, combat
effectiveness and quality of life by
treating the soldier as a system. The
NSRDEC major product lines are:
rations, clothing, equipment, shelters,
airdrop systems, and soldier systems
support items. The core capabilities of
the NSRDEC are centered on the
technologies required by the soldier and
soldier support systems, to include
biotechnology, anthropometry,
biomechanics, consumer research,
textiles, fibers and materials, food
science, aerodynamics, and modeling
and simulation. Integration of these
technologies remains the primary focus
for modernizing the future soldier, as
well as Warrior Systems. The NSRDEC
goal is simple: ‘‘Provide America’s
soldiers with the best equipment in the
world.’’ To achieve this goal, the
NSRDEC organization must be able to
hire, retain and continually motivate
enthusiastic, innovative, and highlyeducated scientists and engineers,
supported by skilled business
management and administrative
E:\FR\FM\24DEN2.SGM
24DEN2
68452
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
professionals as well as a skilled
administrative and technical support
staff.
The goal of the project is to enhance
the quality and professionalism of the
NSRDEC workforce through
improvements in the efficiency and
effectiveness of the human resource
system. The project interventions will
strive to achieve the best workforce for
the mission, adjust the workforce for
change, and improve workforce
satisfaction. This demonstration project
extends the CERDEC demonstration
project to NSRDEC. The CERDEC project
was built on the concepts, and uses
much of the same language, as the
demonstration projects developed by
the Army Research Laboratory (ARL),
the Aviation and Missile Research,
Development, and Engineering Center
(AMRDEC), the Navy’s ‘‘China Lake,’’
and the National Institute of Standards
and Technology (NIST). The results of
the project will be evaluated within 5
years of implementation.
II. Introduction
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
A. Purpose
The purpose of the project is to
demonstrate that the effectiveness of
DoD STRLs can be enhanced by
expanding opportunities available to
employees and by allowing greater
managerial control over personnel
functions through a more responsive
and flexible personnel system. Federal
laboratories need more efficient, cost
effective, and timely processes and
methods to acquire and retain a highly
creative, productive, educated, and
trained workforce. This project, in its
entirety, attempts to improve
employees’ opportunities and provide
managers, at the lowest practical level,
the authority, control, and flexibility
needed to achieve the highest quality
organization and hold them accountable
for the proper exercise of this authority
within the framework of an improved
personnel management system.
Many aspects of a demonstration
project are experimental. Modifications
may be made from time to time as
experience is gained, results are
analyzed, and conclusions are reached
on how the system is working. The
provisions of this project plan will not
be modified, or extended to individuals
or groups of employees not included in
the project plan without the approval of
the ODUSD(CPP). The provisions of
DoDI 1400.37, are to be followed for any
modifications, adoptions, or changes to
this demonstration project plan.
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
B. Problems With the Present System
The current Civil Service General
Schedule (GS) system has existed in
essentially the same form since the
1920’s. Work is classified into one of
fifteen overlapping pay ranges that
correspond with the fifteen grades. Base
pay is set at one of those fifteen grades
and the ten interim steps within each
grade. The Classification Act of 1949
rigidly defines types of work by
occupational series and grade, with very
precise qualifications for each job. This
system does not quickly or easily
respond to new ways of designing work
and changes in the work itself.
The performance management model
that has existed since the passage of the
Civil Service Reform Act has come
under extreme criticism. Employees
frequently report there is inadequate
communication of performance
expectations and feedback on
performance. There are perceived
inaccuracies in performance ratings
with general agreement that the ratings
are inflated and often unevenly
distributed by grade, occupation and
geographic location.
The need to change the current hiring
system is essential as NSRDEC must be
able to recruit and retain scientific,
engineering, acquisition, skilled
technical, and other professional,
administrative and support employees.
The NSRDEC must be able to compete
with the private sector for the best talent
and be able to make job offers in a
timely manner with the attendant
bonuses and incentives to attract high
quality employees.
Finally, current limitations on
training, retraining and otherwise
developing employees make it difficult
to correct skill imbalances and to
prepare current employees for new lines
of work to meet changing missions and
emerging technologies.
C. Changes Required/Expected Benefits
The primary benefit expected from
this demonstration project is greater
organizational effectiveness through
increased employee satisfaction. The
long-standing Department of the Navy
‘‘China Lake’’ and NIST demonstration
projects have produced impressive
statistics on increased job satisfaction
and quality of employees versus that for
the Federal workforce in general. This
project will demonstrate that a human
resource system tailored to the mission
and needs of the NSRDEC workforce
will facilitate:
(1) Increased quality in the workforce
and resultant products,
(2) Increased timeliness of key
personnel processes,
PO 00000
Frm 00006
Fmt 4701
Sfmt 4703
(3) Increased retention of ‘‘excellent
performers,’’
(4) Increased success in recruitment of
personnel with critical skills,
(5) Increased management authority
and accountability,
(6) Increased satisfaction of
customers, and
(7) Increased workforce satisfaction
with the personnel management system.
An evaluation model was developed
for the Director of Defense, Research
and Engineering (DDR&E) in
conjunction with STRLs, service
representatives, and OPM. The model
will measure the effectiveness of this
demonstration project, as modified in
this plan, and will be used to measure
the results of specific personnel system
changes.
D. Participating Organizations
NSRDEC is comprised of the NSRDEC
at the Natick Soldier System Center,
Natick, Massachusetts, NSRDEC
employees matrixed to Program
Management offices, and NSRDEC
employees geographically dispersed at
the locations shown in Appendix A. It
should be noted that some sites
currently employ fewer than 10 people
and that the sites may change should
NSRDEC reorganize or realign.
Successor organizations will continue
coverage in the demonstration project.
E. Participating Employees and Union
Representation
This demonstration project will cover
approximately 700 NSRDEC civilian
employees under title 5 U.S.C. in the
occupations listed in Appendix B. The
project plan does not cover members of
the Senior Executive Service (SES),
Scientific and Professional (ST)
employees, Federal Wage System (FWS)
employees, employees presently
covered by the Defense Civilian
Intelligence Personnel System (DCIPS),
DA and Army Command centrally
funded interns and students employed
under the Student Career Experience
Program (SCEP). Employees on
temporary appointments will not be
covered by the demonstration project.
Department of Army, Army Command
centrally funded, and local interns
(hired prior to implementation of the
project) will not be converted to the
demonstration project until they reach
their full performance level. They will
also continue to follow the Total Army
Performance Evaluation System
(TAPES) performance appraisal system.
Local interns hired after implementation
of the project will be covered by all
terms of the demonstration project.
The National Association of
Government Employees (NAGE) Local
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
R1–34 represents the majority of
NSRDEC employees. Of those
employees assigned to NSRDEC,
approximately 85 percent are
represented by NAGE. NSRDEC has
maintained on-going communication
with the Union regarding its intent to
pursue approval for a laboratory
personnel demonstration project.
NSRDEC is continuing to inform the
Union, and its Executive Vice President
is participating as a member of the
Workforce Advisory Group.
Negotiations will begin after publication
of this Federal Register. NSRDEC will
continue to fulfill its obligation to
consult and/or negotiate with all labor
organizations in accordance with 5
U.S.C. 4703(f) and 7117.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
F. Project Design
NSRDEC has been a DoD STRL since
June 1995. This status authorized
NSRDEC to participate in all of the
STRL initiatives, to include the
authority to carry out personnel
demonstration projects. NAGE Local
R1–34 actively participated in the
development of an earlier personnel
demonstration project (PDP). However,
as a result of DoD development of a best
practices model and the design and
implementation of the National Security
Personnel System (NSPS), the proposal
was not acted upon. Subsequently, in
2005 the NSRDEC submitted a request
to adopt the CERDEC demonstration
project. The CERDEC demonstration
project was the most recently approved
demonstration project, used an
inclusive approach for its design, and
benefitted from the experiences of prior
STRL demonstration projects. After the
enactment of the National Defense
Authorization Act for Fiscal Year 2008
provided for full implementation of the
personnel demonstration project, the
DoD announced NSRDEC’s intent to
adopt the CERDEC demonstration
project in 73 FR 73248, December 2,
2008.
G. Personnel Management Board
NSRDEC has created a Personnel
Management Board to oversee and
monitor the fair, equitable, and
consistent implementation of the
provisions of the demonstration project
to include establishment of internal
controls and accountability. Members of
the board are senior leaders appointed
by the NSRDEC Director. As needed, ad
hoc members will serve in an advisory
capacity to the Board.
The board will execute the following:
(1) Determine the composition of the
pay-for-performance pay pools in
accordance with the guidelines of this
proposal and internal procedures;
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
(2) Review operation of pay pools and
provide guidance to pay pool managers;
(3) Oversee disputes in pay pool
issues;
(4) Formulate and execute the civilian
pay budget;
(5) Manage the awards pools;
(6) Determine hiring and promotion
base pay as well as exceptions to payfor-performance base pay increases;
(7) Conduct classification review and
oversight, monitoring and adjusting
classification practices and deciding
board classification issues;
(8) Approve major changes in position
structure;
(9) Address issues associated with
multiple pay systems during the
demonstration project;
(10) Establish Standard Performance
Elements and Benchmarks;
(11) Assess the need for changes to
demonstration project procedures and
policies;
(12) Review requests for Supervisory/
Team Leader Base Pay Adjustments and
provide recommendations to the
appropriate Center Director;
(13) Ensure in-house budget
discipline;
(14) Manage the number of employees
by occupational family and pay band;
(15) Develop policies and procedures
for administering Developmental
Opportunity Programs;
(16) Ensure that all employees are
treated in a fair and equitable manner in
accordance with the policies,
regulations and guidelines covering this
demonstration project; and,
(17) Monitor the evaluation of the
project.
III. Personnel System Changes
A. Pay Banding
The design of the pay banding system
takes advantage of the many reviews
performed by DA and DoD. The design
has the benefit of being preceded by
exhaustive studies of pay banding
systems currently practiced in the
Federal sector, to include those
practiced by the Navy’s ‘‘China Lake’’
experiment and NIST. The pay banding
system will replace the current GS
structure. Currently the fifteen grades of
the GS are used to classify positions
and, therefore, to set base pay. The GS
covers all white-collar work—
administrative, technical, clerical and
professional. Changes in this rigid
structure are required to allow
flexibility in hiring, developing,
retaining, and motivating the workforce.
1. Occupational Families
Occupations with similar
characteristics will be grouped together
PO 00000
Frm 00007
Fmt 4701
Sfmt 4703
68453
into one of three occupational families
with pay band levels designed to
facilitate pay progression. Each
occupational family will be composed
of pay bands corresponding to
recognized advancement and career
progression expected within the
occupations. These pay bands will
replace individual grades and will not
be the same for each occupational
family. Each occupational family will be
divided into three to five pay bands
with each pay band covering the same
pay range now covered by one or more
GS grades. Employees track into an
occupational family based on their
current series as provided in Appendix
B. Upon conversion into the
demonstration project, NSRDEC
employees are initially assigned to the
highest band in which their grade fits.
For example, a Management Analyst
GS–343–12 in the Business and
Technical Family is assigned to Pay
Band III as illustrated in Figure 1. The
upper and lower pay rate for base pay
of each band is defined by the GS rate
for the grade and step as indicated in
Figure 1 except for Pay Band V of the
Engineering and Science occupational
family (refer to III.A.3.). Comparison to
the GS grades was used in setting the
upper and lower base pay dollar limits
of the pay band levels. However, once
employees are moved into the
demonstration project, GS grades will
no longer apply. The current
occupations have been examined, and
their characteristics and distribution
have served as guidelines in the
development of the following three
occupational families:
E&S (Pay Plan DB): This occupational
family includes technical professional
positions, such as engineers, physicists,
chemists, mathematicians, operations
research analysts and computer
scientists. Specific course work or
educational degrees are required for
these occupations. Five bands have been
established for the E&S occupational
family:
(1) Band I is a student trainee track
covering GS–1, step 1 through GS–4,
step 10.
(2) Band II is a developmental track
covering GS–5, step 1 through GS–11,
step 10.
(3) Band III * is a full-performance
technical track covering GS–12, step 1
through GS–14, step 10. Some first-level
supervisory positions may also be
included in this band.
(4) Band IV * includes both senior
technical positions along with
supervisors-managers covering GS–14,
step 1 through GS–15, step 10.
(5) Band V is a senior scientifictechnical manager. The pay range is as
E:\FR\FM\24DEN2.SGM
24DEN2
68454
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
follows: minimum base pay is 120
percent of minimum base pay of GS–15;
maximum base pay is Level IV of the
Executive Schedule (EX IV); and
maximum adjusted base pay (adjusted
base pay is the base rate plus locality or
staffing supplement, as appropriate) is
Level III of the Executive Schedule (EX
III).
* Bands III and IV overlap at the end
and start points. These two bands have
been designed following a feature used
by the Navy’s ‘‘China Lake’’ project.
Upon conversion into the demonstration
project, NSRDEC employees in the E&S
family currently at grade GS–14 are
assigned to Band IV.
Business & Technical (B&T) (Pay Plan
DE): This occupational family includes
such positions as program acquisition
specialists, equipment specialists,
engineering and electronics technicians,
finance, accounting, administrative, and
management analysis. Employees in
these positions may or may not require
specific course work or educational
degrees. Four bands have been
established for the B&T occupational
family:
(1) Band I is a student trainee track
covering GS–1, step 1 through GS–4,
step 10.
(2) Band II is a developmental track
covering GS–5, step 1 through GS–11,
step 10.
(3) Band III is a full performance track
covering GS–12, step 1 through GS–13,
step 10.
(4) Band IV is a senior technical/
manager track covering GS–14, step 1
through GS–15, step 10.
General Support (GEN) (Pay Plan DK):
This occupational family is composed of
positions for which specific course work
or educational degree is not required.
Clerical work usually involves the
processing and maintenance of records.
Assistant work requires knowledge of
methods and procedures within a
specific administrative area. This family
includes such positions as secretaries,
office automation clerks, and budget/
program/computer assistants. Three
bands have been established for the
GEN occupational family:
(1) Band I includes entry-level
positions covering GS–1, step 1 through
GS–4, step 10.
(2) Band II includes full-performance
positions covering GS–5, step 1 through
GS–8, step 10.
(3) Band III includes senior
technicians/assistants/secretaries
covering GS–9 step 1 through step 10.
2. Pay Band Design
The pay bands for the occupational
families and how they relate to the
current GS framework are shown in
Figure 1.
FIGURE 1—PAY BAND CHART
Equivalent GS grades
Occupational family
I
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
E&S ...................................
Business & Technical .......
General Support ................
II
GS–01—GS–04
GS–01—GS–04
GS–01—GS–04
Employees will be converted into the
occupational family and pay band that
corresponds to their GS/GM series and
grade. The Engineering and Science
occupational family has an overlapping
pay band. GS–14 Engineers and
Scientists will convert into Pay Band IV.
Each employee converted to the
demonstration project is assured, upon
conversion, an initial place in the
system without loss of pay. New hires
will ordinarily be placed at the lowest
base pay rate in a pay band. Exceptional
qualifications, specific organizational
requirements, or other compelling
reasons may lead to a higher entrance
base pay within a band. As the rates of
the GS are increased due to the annual
general pay increases, the upper and
lower base pay rates of the pay bands
will also increase. Since pay progression
through the bands depends directly on
performance, there will be no scheduled
Within-Grade Increases (WIGIs) or
Quality Step Increases (QSIs) for
employees once the pay banding system
is in place. Special rate schedules will
no longer be applicable to
demonstration project employees.
Special provisions have been included
to ensure no loss of pay upon
conversion. (See III. E.9, Staffing
Supplements).
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
III
GS–05—GS–11
GS–05—GS–11
GS–05—GS–08
GS–12—GS–14
GS–12—GS–13
GS–9
3. Pay Band V
The pay banding plan expands the
pay banding concept used at ‘‘China
Lake’’ and NIST by creating Pay Band V
for the Engineering and Science
occupational family. This pay band is
designed for Senior Scientific Technical
Managers (SSTM). The current
definitions of Senior Executive Service
(SES) and Scientific and Professional
(ST) positions do not fully meet the
needs of the NSRDEC.
The SES designation is appropriate
for executive level managerial positions
whose classification exceeds GS–15.
The primary competencies of SES
positions relate to supervisory and
managerial responsibilities. Positions
classified as ST are designed for bench
research scientists and engineers. These
positions require a very high level of
technical expertise and have little or no
supervisory responsibilities.
The NSRDEC has positions that may
warrant classification above grade GS–
15 because of their technical expertise
requirements. These positions have
characteristics of both SES and ST
classifications. Most of these positions
are responsible for supervising other
GS–15 positions, including lower level
supervisors, and non-supervisory
engineers and scientists, and in some
PO 00000
Frm 00008
Fmt 4701
Sfmt 4703
IV
GS–14—GS–15
GS–14—GS–15
V
>GS–15
cases ST positions. The supervisory and
managerial requirements exceed those
appropriate for ST positions.
Management considers the primary
requirement for these positions to be
knowledge of and expertise in the
specific scientific and technology areas
related to the mission of their
organizations, rather than the executive
leadership qualifications that are
characteristic of the SES. Historically,
incumbents of these positions have been
recognized within the community as
scientific and engineering leaders who
possess strong managerial and
supervisory abilities. Therefore,
although some of these employees have
scientific credentials that might
compare favorably with ST criteria,
classification of these positions as STs
is not an option because the managerial
and supervisory responsibilities cannot
be ignored.
Pay Band V will apply to a new
category of positions designated as
Senior Scientific Technical Managers
(SSTM). Positions so designated will
include those requiring scientific/
engineering technical expertise and full
managerial and supervisory authority.
Their scientific/engineering technical
expertise and responsibilities warrant
classification above the GS–15 level.
E:\FR\FM\24DEN2.SGM
24DEN2
68455
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
Current GS–15 positions will convert
into the demonstration project at Pay
Band IV. After conversion these
positions will be reviewed against
established criteria to determine if the
positions should be reclassified to Pay
Band V. Other positions possibly
meeting criteria for designation as
SSTM will be reviewed on a case-bycase basis. The pay range for SSTM
positions is: minimum base pay is 120
percent of minimum base pay of GS–15;
maximum base pay is Level IV of the
Executive Schedule (EX IV); and
maximum adjusted base pay is Level III
of the Executive Schedule (EX III).
Vacant SSTM positions will be filled
competitively to ensure that selectees
are preeminent technical leaders in
specialty fields who also possess
substantial managerial and supervisory
abilities. Panels will be created to assist
in filling SSTM positions. Panel
members typically will be SES
members, ST employees and later those
designated as SSTMs. In addition,
General Officers and recognized
technical experts from outside the
NSRDEC may also serve as appropriate.
The panel will apply criteria developed
from the OPM Research Grade
Evaluation Guide for positions
exceeding the GS–15 level and other
OPM guidance related to positions
exceeding the GS–15 level. The purpose
of the panel is to ensure impartiality,
breadth of technical expertise and a
rigorous and demanding review.
SSTM positions will be subject to
limitations imposed by DoD. SSTM
positions will be established only in a
STRL that employs scientists, engineers,
or both. Incumbents of these positions
will work primarily in their professional
technical capacity on research and
development and secondarily will
perform managerial or supervisory
duties.
The final component of Pay Band V
is the management of all Pay Band V
assets. Specifically, this authority will
be exercised at the DA level, and
includes the following: authority to
classify, create, or abolish positions
within the limitations imposed by DoD;
recruit and reassign employees in this
pay band; set pay and appraise
performance under this project’s payfor-performance system.
occupational groupings. All positions
listed in Appendix B will be in the
classification structure. Provisions will
be made for including other occupations
in response to changing missions.
B. Classification
3. Fair Labor Standards Act
Fair Labor Standards Act (FLSA)
exemption and non-exemption
determinations will be consistent with
criteria found in 5 CFR part 551. All
employees are covered by the FLSA
unless they meet the criteria for
exemption. The duties and
responsibilities outlined in the
1. Occupational Series
The present GS classification system
has over 400 occupational series, which
are divided into 23 occupational
groupings. NSRDEC currently has
positions in approximately 65
occupational series that fall into 14
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
2. Classification Standards and Position
Descriptions
NSRDEC will use CERDEC’s fully
automated classification system
modeled after the Navy’s ‘‘China Lake’’
and ARL automated systems. ARL
developed a web-based automated
classification system that can create
standardized, classified position
descriptions under the new pay banding
system in a matter of minutes. The
present system of OPM classification
standards will be used for the
identification of proper series and
occupational titles of positions within
the demonstration project. Current OPM
position classification standards will
not be used to grade positions in this
project. However, the grading criteria in
those standards will be used as a
framework to develop new and
simplified standards for the purpose of
pay band determinations. The objective
is to record the essential criteria for each
pay band within each occupational
family by stating the characteristics of
the work, the responsibilities of the
position, and the competencies
required. New position descriptions will
replace the current DA job descriptions.
The classification standard for each pay
band will serve as an important
component in the new position
description, which will also include
position-specific information, and
provide data element information
pertinent to the job. The computerassisted process will produce
information necessary for position
descriptions. The new descriptions will
be easier to prepare, minimize the
amount of writing time and make the
position description a more useful and
accurate tool for other personnel
management functions.
Specialty work codes (narrative
descriptions) will be used to further
differentiate types of work and the
competencies required for particular
positions within an occupational family
and pay band. Each code represents a
specialization or type of work within
the occupation.
PO 00000
Frm 00009
Fmt 4701
Sfmt 4703
classification standards for each pay
band will be compared to the FLSA
criteria. As a general rule, the FLSA
status can be matched to occupational
family and pay band as indicated in
Figure 2. For example, positions
classified in Pay Band I of the E&S
occupational family are typically
nonexempt, meaning they are covered
by the overtime entitlements prescribed
by the FLSA. An exception to this
guideline includes supervisors/
managers whose primary duty meets the
definitions outlined in the OPM GS
Supervisory Guide. Therefore,
supervisors/managers in any of the pay
bands who meet the foregoing criteria
are exempt from the FLSA. Supervisors
with classification authority will make
the determinations on a case-by-case
basis by comparing assigned duties and
responsibilities to the classification
standards for each pay band and the 5
CFR part 551 FLSA criteria.
Additionally, the advice and assistance
of the Civilian Personnel Advisory
Center, Northeast Region, Civilian
Human Resources Agency Center
(CPAC/CHRA) will be obtained in
making determinations. The benchmark
position descriptions will not be the
sole basis for the determination. Basis
for exemption will be documented and
attached to each position description.
Exemption criteria will be narrowly
construed and applied only to those
employees who clearly meet the spirit of
the exemption. Changes will be
documented and provided to the CPAC/
CHRA.
FIGURE 2—FLSA STATUS
[Pay bands]
Occupational
family
I
E&S .......
B&T .......
GEN ......
II
N
N
N
N/E
N/E
N
III
IV
E
E
E
V
E
E
E
N—Non-Exempt from FLSA; E—Exempt from FLSA.
N/E—Exemption status determined on a case-by-case
basis.
Note: Although typical exemption status
under the various pay bands is shown in the
above table, actual FLSA exemption
determinations are made on a case-by-case
basis.
4. Classification Authority
The NSRDEC Director will have
delegated classification authority and
may, in turn, re-delegate this authority
to appropriate levels. Position
descriptions will be developed to assist
managers in exercising delegated
position classification authority.
Managers will identify the occupational
E:\FR\FM\24DEN2.SGM
24DEN2
68456
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
family, job series, functional code,
specialty work code, pay band level,
and the appropriate acquisition codes.
Personnel specialists will provide
ongoing consultation and guidance to
managers and supervisors throughout
the classification process. These
decisions will be documented on the
position description.
5. Classification Appeals
Classification appeals under this
demonstration project will be processed
using the following procedures: An
employee may appeal the determination
of occupational family, occupational
series, position title, and pay band of
his/her position at any time. An
employee must formally raise the area of
concern to supervisors in the immediate
chain of command, either verbally or in
writing. If the employee is not satisfied
with the supervisory response, he/she
may then appeal to the DoD appellate
level. Appeal decisions rendered by
DoD will be final and binding on all
administrative, certifying, payroll,
disbursing, and accounting officials of
the government. Classification appeals
are not accepted on positions which
exceed the equivalent of a GS–15 level.
Time periods for cases processed under
5 CFR part 511 apply.
An employee may not appeal the
accuracy of the position description, the
demonstration project classification
criteria, or the pay-setting criteria; the
assignment of occupational series to the
occupational family; the propriety of a
pay schedule; or matters grievable under
an administrative or negotiated
grievance procedure, or an alternative
dispute resolution procedure.
The evaluations of classification
appeals under this demonstration
project are based upon the
demonstration project classification
criteria. Case files will be forwarded for
adjudication through the CPAC/CHRA
providing personnel service and will
include copies of appropriate
demonstration project criteria.
C. Pay for Performance
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
1. Overview
The purpose of the pay-forperformance system is to provide an
effective, efficient, and flexible method
for assessing, compensating, and
managing the NSRDEC workforce. It is
essential for the development of a
highly productive workforce and to
provide management at the lowest
practical level, the authority, control,
and flexibility needed to achieve a
quality organization and meet mission
requirements. Pay for performance
allows for more employee involvement
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
in the assessment process, strives to
increase communication between
supervisor and employee, promotes a
clear accountability of performance,
facilitates employee career progression,
and provides an understandable and
rational basis for pay changes by linking
pay and performance.
The pay-for-performance system uses
annual performance payouts that are
based on the employee’s total
performance score rather than withingrade increases, quality step increases,
promotions from one grade to another
where both grades are now in the same
pay band (i.e., there are no within-band
promotions) and performance awards.
The normal rating period will be one
year. The minimum rating period will
be 120 days. Pay-for-performance
payouts can be in the form of increases
to base pay and/or in the form of
bonuses that are not added to base pay
but rather are given as a lump sum
bonus. Other awards such as special
acts, time-off awards, etc., will be
retained separately from the pay-forperformance payouts.
The system will have the flexibility to
be modified, if necessary, as more
experience is gained under the project.
2. Performance Objectives
Performance objectives define a target
level of activity, expressed as a tangible,
measurable objective, against which
actual achievement can be compared.
These objectives will specifically
identify what is expected of the
employee during the rating period and
will typically consist of three to ten
results-oriented statements. The
employee and his/her supervisor will
jointly develop the employee’s
performance objectives at the beginning
of the rating period. These are to be
reflective of the employee’s duties/
responsibilities and pay band along
with the mission/organizational goals
and priorities. Objectives will be
reviewed annually and revised upon
changes in pay reflecting increased
responsibilities commensurate with pay
increases. Use of generic one-size-fits-all
objectives will be avoided, as
performance objectives are meant to
define an individual’s specific
responsibilities and expected
accomplishments. In contrast,
performance elements as described in
the next paragraph will identify generic
performance characteristics, against
which the accomplishment of objectives
will be measured. As a part of this
demonstration project, training focused
on overall organizational objectives and
the development of performance
objectives will be held for both
supervisors and employees.
PO 00000
Frm 00010
Fmt 4701
Sfmt 4703
Performance objectives may be jointly
modified, changed or deleted as
appropriate during the rating cycle. As
a general rule, performance objectives
should only be changed when
circumstances outside the employee’s
control prevent or hamper the
accomplishment of the original
objectives. It is also appropriate to
change objectives when mission or
workload shifts occur.
3. Performance Elements
Performance elements define generic
performance characteristics that will be
used to evaluate the employee’s success
in accomplishing his/her performance
objectives. The use of generic
characteristics for scoring purposes
helps to ensure comparable scores are
assigned while accommodating diverse
individual objectives. This pay-forperformance system will utilize those
performance elements provided in
Appendix C. All elements are critical. A
critical performance element is defined
as an attribute of job performance that
is of sufficient importance that
performance below the minimally
acceptable level requires remedial
action and may be the basis for
removing an employee from his/her
position. Non-critical elements will not
be used. Each of the performance
elements will be assigned a weight,
which reflects its importance in
accomplishing an individual’s
performance objectives. A minimum
weight is set for each performance
element. The sum of the weights for all
of the elements must equal 100.
A single set of performance elements
will be used for evaluating the annual
performance of all NSRDEC personnel
covered by this plan. This set of
performance elements may evolve over
time, based on experience gained during
each rating cycle. This evolution is
essential to capture the critical
characteristics the organization
encourages in its workforce toward
meeting individual and organizational
objectives. This is particularly true in an
environment where technology and
work processes are changing at an
increasingly rapid pace. The Personnel
Management Board will annually
review the set of performance elements
and set them for the entire organization
before the beginning of the rating
period. The following is an initial set of
performance elements along with their
minimum weight:
(1) Technical Competence (Minimum
Weight: 15%)
(2) Interpersonal Skills (Minimum
Weight: 10%)
(3) Management of Time and
Resources (Minimum Weight: 15%)
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
(4) Customer Satisfaction (Minimum
Weight: 10%)
(5) Team/Project Leadership
(Minimum Weight: 15%)
(6) Supervision/Equal Employment
Opportunity (EEO) (Minimum Weight:
25%)
All employees will be rated against
the first four performance elements.
Team/Project Leadership is mandatory
for team leaders (within this document,
team leader refers to non-supervisory
team leaders as determined by the OPM
GS Leader Grade Evaluation Guide).
Supervision/EEO is mandatory for all
managers/supervisors. At the beginning
of the rating period, pay pool managers
will review the objectives and weights
assigned to employees within the pay
pool, to verify consistency and
appropriateness.
4. Performance Feedback and Formal
Ratings
The most effective means of
communication is person-to-person
discussion between supervisors and
employees of requirements,
performance goals and desired results.
Employees and supervisors alike are
expected to actively participate in these
discussions for optimum clarity
regarding expectations and identify
potential obstacles to meeting goals. In
addition, employees should explain (to
the extent possible) what they need
from their supervisor to support goal
accomplishment. The timing of these
discussions will vary based on the
nature of work performed, but will
occur at least at the mid-point and end
of the rating period. The supervisor and
employee will discuss job performance
and accomplishments in relation to the
performance objectives and elements. At
least one review, normally the midpoint review, will be documented as a
formal progress review. More frequent,
task specific, discussions may be
appropriate in some organizations. In
cases where work is accomplished by a
team, team discussions regarding goals
and expectations will be appropriate.
The employee will provide a list of
his/her accomplishments to the
supervisor at both the mid-point and
end of the rating period. An employee
may elect to provide self-ratings on the
performance elements and/or solicit
input from team members, customers,
peers, supervisors in other units,
subordinates, and other sources which
will permit the supervisor to fully
evaluate accomplishments during the
rating period.
At the end of the rating period,
following a review of the employee’s
accomplishments, the supervisor will
rate each of the performance elements
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
by assigning a score between 0 and 50.
Benchmark performance standards have
been developed that describe the level
of performance associated with a score.
Using these benchmarks, the supervisor
decides where (at any point on a scale
of 0 to 50) the performance of the
employee fits and assigns an
appropriate score. It should be noted
that these scores are not discussed with
the employee or considered final until
all scores are reconciled and approved
by the pay pool manager. The element
scores will then be multiplied by the
element-weighting factor to determine
the weighted score expressed to two
decimal points. The weighted scores for
each element will then be totaled to
determine the employee’s overall
appraisal score and rounded to a whole
number as follows: if the digit to the
right of the decimal is between five and
nine, it should be rounded to the next
higher whole number; if the digit to the
right of the decimal is between one and
four, it should be dropped.
A total score of 10 or above will result
in a rating of acceptable. A total score
of 9 or below will result in a rating of
unacceptable, and requires the
employee be placed on a Performance
Improvement Plan (PIP) immediately or
following a temporary assignment. A
score of 9 or below in a single element
will also result in a rating of
unacceptable, and requires the
employee be placed on a PIP. A new
rating of record will be issued if the
employee’s performance improves to an
acceptable level at the conclusion of the
PIP.
5. Unacceptable Performance
Informal employee performance
reviews will be a continuous process so
that corrective action, to include placing
an employee on a PIP, may be taken at
any time during the rating cycle.
Whenever a supervisor recognizes an
employee’s performance on one or more
performance elements is unacceptable,
the supervisor should immediately
inform the employee. Efforts will be
made to identify the possible reasons for
the unacceptable performance. An
employee who is on a PIP is not eligible
to receive the general pay increase (refer
to III.C.13).
As an informal first step, the
supervisor and employee may explore a
temporary assignment to another unit in
the organization. This recognizes that
conflicts sometimes occur between a
supervisor and an employee, or that an
employee may be assigned to a position
for which he/she is not suited. The
supervisor is under no obligation to
explore this option prior to taking more
formal action. If the temporary
PO 00000
Frm 00011
Fmt 4701
Sfmt 4703
68457
assignment is not possible or has not
worked out, and the employee
continues to perform at an unacceptable
level or has received an unacceptable
rating, written notification outlining the
unacceptable performance will be
provided to the employee. At this point
an opportunity to improve will be
structured in a PIP. The supervisor will
identify the items/actions that need to
be corrected or improved, outline
required time frames (no less than 30
days) for such improvement, and
provide the employee with any
available assistance as appropriate.
Progress will be monitored during the
PIP, and all counseling sessions will be
documented.
If the employee’s performance is
acceptable at the conclusion of the PIP,
no further action is necessary. If a PIP
ends prior to the end of the annual
performance cycle and the employee’s
performance improves to an acceptable
level, the employee is appraised again at
the end of the annual performance
cycle.
If the employee fails to improve
during the PIP, the employee will be
given notice of proposed appropriate
action. This action can include removal
from the Federal service, placement in
a lower pay band with a corresponding
reduction in pay (demotion), reduction
in pay within the same pay band, or
change in position or occupational
family. For the most part, employees
with an unacceptable rating will not be
permitted to remain at their current base
pay and may be reduced in pay band.
Reductions in base pay within the same
pay band or changes to a lower pay
band will be accomplished with a
minimum of a 5 percent decrease in an
employee’s base pay.
Note: Nothing in this subsection will
preclude action under 5 U.S.C. chapter 75,
when appropriate.
All relevant documentation
concerning a reduction in pay or
removal based on unacceptable
performance will be preserved and
made available for review by the
affected employee or a designated
representative. As a minimum, the
record will consist of a copy of the
notice of proposed personnel action, the
employee’s written reply, if provided, or
a summary when the employee makes
an oral reply. Additionally, the record
will contain the written notice of
decision and the reasons therefore along
with any supporting material (including
documentation regarding the
opportunity afforded the employee to
demonstrate improved performance).
If the employee’s performance
deteriorates to an unacceptable level, in
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
any element, within two years from the
beginning of a PIP, follow-on actions
may be initiated with no additional
opportunity to improve. If an
employee’s performance is at an
acceptable level for two years from the
beginning of the PIP, and performance
once again declines to an unacceptable
level, the employee will be given an
additional opportunity to improve,
before management proposes follow-on
actions.
6. Reconciliation Process
Following the initial scoring of each
employee by the rater, the rating
officials in an organizational unit, along
with their next level of supervision, will
meet to ensure consistency and equity
of the ratings. In this step, each
employee’s performance objectives,
accomplishments, preliminary scores
and pay are compared. Through
discussion and consensus building,
consistent and equitable ratings are
reached. Managers will not prescribe a
distribution of total scores. The pay pool
manager will then chair a final review
with the rating officials who report
directly to him or her to validate these
ratings and resolve any scoring issues. If
consensus cannot be reached in this
process, the pay pool manager makes all
final decisions. After this reconciliation
process is complete, scores are finalized.
Payouts proceed according to each
employee’s final score and adjusted base
pay. Upon approval of this plan,
implementing procedures and
regulations will provide details on this
process to employees and supervisors.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
7. Pay Pools
NSRDEC employees will be placed
into pay pools. Pay pools are
combinations of organizational elements
(e.g., Directorates, Divisions, and
Teams) that are defined for the purpose
of determining performance payouts
under the pay-for-performance system.
The guidelines in the next paragraph are
provided for determining pay pools.
These guidelines will normally be
followed. However, the NSRDEC
Director may deviate from the
guidelines if there is a compelling need
Share value =
15:26 Dec 23, 2009
Jkt 220001
increase to the funds available, based on
what would have been available in the
GS system from within-grade increases,
quality step increases and within-band
promotions. The Director may reallocate
the amount of funds assigned to each
pay pool as necessary to ensure equity
and to meet unusual circumstances.
8. Performance Payout Determination
The performance payout an employee
will receive is based on the total
performance score from the pay-forperformance assessment process. An
employee will receive a performance
payout as a percentage of adjusted base
pay. This percentage is based on the
number of shares that equates to their
final appraisal score. Shares will be
awarded on a continuum as follows:
Score = Shares
50 = 3
40 = 2
30 = 1
21 = .1
10–20 = 0
≤9 = 0 (Performance Improvement Plan
required)
fractional shares will be awarded for
scores that fall in between these scores.
For example, a score of 38 will equate
to 1.8 shares, and a score of 44 will
equate to 2.4 shares.
The value of a share cannot be exactly
determined until the rating and
reconciliation process is completed and
all scores are finalized. The share value
is expressed as a percentage. The
formula that computes the value of each
share uses base pay rates and is based
on: (1) The sum of the base pay of all
the employees in the pay pool times the
pay pool percentage factor; (2) the
employee’s base pay; (3) the number of
shares awarded to each employee in the
pay pool; and (4) the total number of
shares awarded in the pay pool. This
formula assures that each employee
within the pool receives a share amount
equal to all others in the same pool who
are at the same rate of base pay and
receiving the same score. The formula is
shown in figure 3.
Figure 3. Formula
Sum of base pay of employees in pool ∗ pay pool percentage factor
Sum of (base pay ∗ shares earned) for each employee
An individual payout is calculated by
first multiplying the shares earned by
the share value and multiplying that
product by base pay. An adjustment is
then made to account for locality pay or
staffing supplement.
VerDate Nov<24>2008
to do so and will document the rationale
in writing.
The NSRDEC Director will establish
pay pools. Typically, pay pools will
have between 35 and 300 employees. A
pay pool should be large enough to
encompass a reasonable distribution of
ratings but not so large as to
compromise rating consistency.
Supervisory personnel will be placed in
a pay pool separate from subordinate
non-supervisory personnel. Team
leaders classified by the GS Leader
Grade Evaluation Guide will be
included in a supervisory pay pool.
Those team leaders who have project
responsibility but who do not actually
lead other workers will be included in
a non-supervisory pay pool. Neither the
pay pool manager nor supervisors
within a pay pool will recommend or
set their own individual pay. Decisions
regarding the amount of the
performance payout are based on the
established formal payout calculations.
Funds within a pay pool available for
performance payouts are calculated
from anticipated pay increases under
the existing system and divided into
two components, base pay and bonus.
The funds within a pay pool used for
base pay increases are those that would
have been available from within-grade
increases, quality step increases and
promotions (excluding the costs of
promotions still provided under the
banding system). This amount will be
defined based on historical data and
will be set at no less than two percent
of total adjusted base pay annually. The
funds available to be used for bonus
payouts are funded separately within
the constraints of the organization’s
overall award budget. This amount will
be defined based on historical data and
will be set at no less than one percent
of total adjusted base pay annually. The
sum of these two factors is referred to
as the pay pool percentage factor. The
Personnel Management Board will
annually review the pay pool funding
and recommend adjustments to the
Director to ensure cost discipline over
the life of the demonstration project.
Cost discipline is assured within each
pay pool by limiting the total base pay
A pay pool manager is accountable for
staying within pay pool limits. The pay
pool manager makes final decisions on
base pay increases and/or bonuses to
individuals based on rater
recommendation, the final score, the
PO 00000
Frm 00012
Fmt 4701
Sfmt 4703
pay pool funds available, and the
employee’s pay.
9. Base Pay Increases and Bonuses
The amount of money available for
performance payouts is divided into two
E:\FR\FM\24DEN2.SGM
24DEN2
EN23DE09.000
68458
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
components, base pay increases and
bonuses. The base pay and bonus funds
are based on the pay pool funding
formula established annually. Once the
individual performance amounts have
been determined, the next step is to
determine what portion of each payout
will be in the form of a base pay
increase as opposed to a bonus
payment. The payouts made to
employees from the pay pool may be a
mix of base pay and bonus, such that all
of the allocated funds are disbursed as
intended. To continue to provide
performance incentives while also
ensuring cost discipline, base pay
increases may be limited or capped.
Certain employees will not be able to
receive the projected base pay increase
due to base pay caps. Base pay is
capped when an employee reaches the
maximum rate of base pay in an
assigned pay band, when the mid-point
rule applies (see below) or when the
Significant Accomplishment/
Contribution rule applies (see below).
Also, for employees receiving retained
rates above the applicable pay band
maximum, the entire performance
payout will be in the form of a bonus
payment.
When capped, the total payout an
employee receives will be in the form of
a bonus versus the combination of base
pay and bonus. Bonuses are cash
payments and are not part of the base
pay for any purpose (e.g., lump sum
payments of annual leave on separation,
life insurance, and retirement). The
maximum base pay rate under this
demonstration project will be the
unadjusted base pay rate of GS–15/Step
10, except for employees in Pay Band V
of the E&S occupational family. In this
case, the pay range is as noted in III.A.3
If the organization determines it is
appropriate, it may re-allocate a portion
(up to the maximum possible amount)
of the unexpended base pay funds for
capped employees to uncapped
employees. This re-allocation will be
determined by the pay pool manager.
Any dollar increase in an employee’s
projected base pay increase will be
offset, dollar for dollar, by an
accompanying reduction in the
employee’s projected bonus payment.
Thus, the employee’s total performance
payout is unchanged.
In addition a pay pool manager may
request approval from the Personnel
Management Board for use of an
Extraordinary Achievement
Recognition. Such recognition grants a
base pay increase and/or bonus to an
employee that is higher than the one
generated by the compensation formula
for that employee. Any base pay
increase granted may not cause the
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
employee to exceed the maximum rate
of pay in the assigned pay band.
Examples that might warrant
consideration are extraordinary
achievements or accelerated
compensation for a local intern. The
funds available for Extraordinary
Achievement Recognition are separately
funded within the constraints of the
organization’s budget.
10. Mid-Point Rule
To provide added performance
incentives as an employee progresses
through a pay band, a mid-point rule
will be used to determine base pay
increases. The mid-point rule dictates
that any employee must receive a score
of 30 or higher for his/her base pay to
cross the mid-point of the base pay
range for his/her pay band. Also, once
an employee’s base pay exceeds the
mid-point, the employee must receive a
score of 30 or higher to receive any
additional base pay increases. Any
amount of an employee’s performance
payout, not paid in the form of a base
pay increase because of the mid-point
rule, will be paid as a bonus. This rule
effectively raises the standard of
performance expected of an employee
once the mid-point of a band is crossed.
This applies to all employees in every
occupational family and pay band.
11. Significant Accomplishment/
Contribution Rule
The purpose of this rule is to maintain
cost discipline while ensuring that
employee payouts are in consonance
with accomplishments and levels of
responsibility. The rule will apply only
to employees in E&S Pay Band III whose
base pay falls within the top 15 percent
of the band. For employees meeting
these criteria, the following provisions
will apply:
If an employee’s score falls in the top
third of scores received in his/her pay
pool, he/she will receive the full
allowable base pay increase portion of
the performance payout. The balance of
the payout will be paid as a lump sum
bonus.
If an employee’s score falls in the
middle third of scores received in his/
her pay pool, the base pay increase
portion will not exceed one percent of
base pay. The balance of the payout will
be paid as a lump sum bonus.
If an employee’s appraisal score falls
in the bottom third of scores received in
his/her pay pool, the full payout will be
paid as a lump sum bonus.
12. Awards
To provide additional flexibility in
motivating and rewarding individuals
and groups, some portion of the
PO 00000
Frm 00013
Fmt 4701
Sfmt 4703
68459
performance award budget will be
reserved for special acts and other
categories as they occur. Awards may
include, but are not limited to, special
acts, patents, suggestions, on-the-spot,
and time-off. The funds available to be
used for traditional 5 U.S.C. awards are
separately funded within the constraints
of the organization’s budget.
While not directly linked to the payfor-performance system, this additional
flexibility is important to encourage
outstanding accomplishments and
innovation in accomplishing the diverse
mission of the NSRDEC. Additionally,
to foster and encourage teamwork
among its employees, organizations may
give group awards. Under the
demonstration project, a team may elect
to distribute such awards among
themselves.
Thus, a team leader or supervisor may
allocate a sum of money to a team for
outstanding performance, and the team
may decide the individual distribution
of the total dollars among themselves.
The Commanding General, RDECOM
will have the authority to grant special
act awards to covered employees of up
to $10,000 IAW the criteria of AR 672–
20, Incentive Awards. This authority
may be delegated to the Director,
NSRDEC.
13. General Pay Increase
Employees, who are on a PIP at the
time pay determinations are made, do
not receive performance payouts or the
annual general pay increase. An
employee who receives an unacceptable
rating of record will not receive any
portion of the general pay increase or
RIF service credit until such time as his/
her performance improves to the
acceptable level and remains acceptable
for at least 90 days. When the employee
has performed acceptably for at least 90
days, the general pay increase will not
be retroactive but will be granted at the
beginning of the next pay period after
the supervisor authorizes its payment.
These actions may result in a base pay
that is identified in a lower pay band.
This occurs because the minimum rate
of base pay in a pay band increases as
the result of the general pay increase (5
U.S.C. 5303). This situation (a reduction
in band level with no reduction in pay)
will not be considered an adverse
action, nor will band retention
provisions apply.
14. Reverse Feedback
Employee feedback to supervisors is
considered essential for the success of
the pay-for-performance system. A
feedback instrument for subordinates to
anonymously evaluate the effectiveness
of their supervisors is being developed
E:\FR\FM\24DEN2.SGM
24DEN2
68460
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
and shall be implemented as part of the
demonstration project. Supervisors and
their managers will be provided the
results of that feedback in a format that
does not identify individual raters or
ratings. The data will be aggregated into
a summary and used to establish both
personal and organizational
performance development goals. The
use of this type of instrument will help
focus attention on desired leadership
behaviors, structure the feedback in a
constructive manner, and offset the
power imbalance that often prevents
supervisors from getting useful feedback
from their employees.
15. Grievances
An employee may grieve the
performance rating/score received under
the pay-for-performance system. Nonbargaining unit employees, and
bargaining unit employees covered by a
negotiated grievance procedure that
does not permit grievances over
performance ratings, must file under
administrative grievance procedures.
Bargaining unit employees whose
negotiated grievance procedures cover
performance rating grievances must file
under those negotiated procedures.
16. Adverse Actions
Except where specifically waived or
modified in this plan, adverse action
procedures under 5 CFR part 752
remain unchanged.
D. Hiring Authority
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
1. Qualifications
The qualifications required for
placement into a position in a pay band
within an occupational family will be
determined using the OPM Operating
Manual for Qualification Standards for
GS Positions. Since the pay bands are
anchored to the GS grade levels, the
minimum qualification requirements for
a position will be the requirements
corresponding to the lowest GS grade
incorporated into that pay band. For
example, for a position in the E&S
occupational family Pay Band II,
individuals must meet the basic
requirements for a GS–5 as specified in
the OPM Qualification Standard for
Professional and Scientific Positions.
Selective factors may be established
for a position in accordance with the
OPM Qualification Standards Operating
Manual, when determined to be critical
to successful job performance. These
factors will become part of the
minimum requirements for the position,
and applicants must meet them in order
to be eligible. If used, selective factors
will be stated as part of the qualification
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
requirements in vacancy
announcements and recruiting bulletins.
2. Delegated Examining
Competitive service positions will be
filled through Merit Staffing and
through direct-hire authority or under
Delegated Examining. Recent legislative
changes provide for delegation of directhire authority for shortage category
positions under the Defense Acquisition
Workforce Improvement Act (DAWIA)
at certain levels as well as direct-hire
authority for qualified candidates with
an advanced degree to scientific and
engineering positions within STRLs.
Where delegated to the laboratory level,
direct-hire authority will be exercised in
accordance with the requirements of the
delegation of authority. The ‘‘Rule of
Three’’ will be eliminated. When there
are no more than 15 qualified applicants
and no preference eligibles, all eligible
applicants are immediately referred to
the selecting official without rating and
ranking. Rating and ranking will be
required only when the number of
qualified candidates exceeds 15 or there
is a mix of preference and nonpreference applicants. Statutes and
regulations covering veterans’
preference will be observed in the
selection process and when rating and
ranking are required. If the candidates
are rated and ranked, a random number
selection method will be used to
determine which applicants will be
referred when scores are tied after the
rating process. Veterans will be referred
ahead of non-veterans with the same
score.
3. Legal Authority
For actions taken under the auspices
of the demonstration project, the legal
authority, Public Law 103–337, as
amended, will be used. For all other
actions, the nature of action codes and
legal authority codes prescribed by
OPM, DoD, or DA will continue to be
used.
4. Revisions to Term Appointments
NSRDEC conducts a variety of
projects that range from three to six
years. The current four-year limitation
on term appointments often forces the
termination of term employees prior to
completion of projects they were hired
to support. This disrupts the research
and development process and affects the
organization’s ability to accomplish the
mission and serve its customers.
NSRDEC will continue to have career
and career-conditional appointments
and temporary appointments not to
exceed one year. These appointments
will use existing authorities and
entitlements. Under the demonstration
PO 00000
Frm 00014
Fmt 4701
Sfmt 4703
project, NSRDEC will have the added
authority to hire individuals under a
modified term appointment. These
appointments will be used to fill
positions for a period of more than one
year, but not more than a total of five
years when the need for an employee’s
services is not permanent. The modified
term appointments differ from term
employment as described in 5 CFR part
316 in that they may be made for a
period not to exceed five, rather than
four years. The Director is authorized to
extend a term appointment one
additional year.
Employees hired under the modified
term appointment authority are in a
non-permanent status, but may be
eligible for conversion to careerconditional appointments. To be
converted, the employee must (1) Have
been selected for the term position
under competitive procedures, with the
announcement specifically stating that
the individual(s) selected for the term
position may be eligible for conversion
to a career-conditional appointment at a
later date; (2) have served two years of
continuous service in the term position;
(3) be selected under Merit Promotion
procedures for the permanent position;
and (4) be performing at the acceptable
level of performance with a current
score of 30 or greater.
Employees serving under regular term
appointments at the time of conversion
to the demonstration project will be
converted to the new modified term
appointments provided they were hired
for their current positions under
competitive procedures. These
employees will be eligible for
conversion to career-conditional
appointments if they (1) Have served
two years of continuous service in the
term position; (2) are selected under
Merit Promotion procedures for the
permanent position; and (3) are
performing at the acceptable level of
performance with a current score of 30
or greater (or equivalent if not yet rated
under the demonstration project). Time
served in term positions prior to
conversion to the modified term
appointment is creditable, provided the
service was continuous. Employees
serving under regular or modified term
appointments under this plan will be
covered by the plan’s pay-forperformance system.
5. Extended Probationary Period
The current one-year probationary
period will be extended to three years
for all newly hired permanent careerconditional employees in the E&S
occupational family. The purpose of
extending the probationary period is to
allow supervisors an adequate period of
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
time to fully evaluate an employee’s
ability to complete a cycle of work and
to fully assess an employee’s
contribution and conduct. The threeyear probationary period will apply
only to new hires subject to a
probationary period.
If a probationary employee’s
performance is determined to be
satisfactory at a point prior to the end
of the three-year probationary period, a
supervisor has the option of ending the
probationary period at an earlier date,
but not before the employee has
completed one year of continuous
service. If the probationary period is
terminated before the end of the threeyear period, the immediate supervisor
will provide written reasons for his/her
decision to the next level of supervision
for concurrence prior to implementing
the action.
Aside from extending the time period
for all newly hired permanent careerconditional employees in the E&S
occupational family, all other features of
the current probationary period are
retained including the potential to
remove an employee without providing
the full substantive and procedural
rights afforded a non-probationary
employee. Any employee appointed
prior to the implementation date will
not be affected.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
6. Termination of Probationary
Employees
Probationary employees may be
terminated when they fail to
demonstrate proper conduct, technical
competency, and/or acceptable
performance for continued employment,
and for conditions arising before
employment. When a supervisor
decides to terminate an employee
during the probationary period because
his/her work performance or conduct is
unacceptable, the supervisor shall
terminate the employee’s services by
written notification stating the reasons
for termination and the effective date of
the action. The information in the notice
shall, at a minimum, consist of the
supervisor’s conclusions as to the
inadequacies of the employee’s
performance or conduct, or those
conditions arising before employment
that support the termination.
7. Supervisory Probationary Periods
Supervisory probationary periods will
be made consistent with 5 CFR part 315.
Employees who have successfully
completed the initial probationary
period will be required to complete an
additional one-year probationary period
for initial appointment to a supervisory
position. If, during this probationary
period, the decision is made to return
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
the employee to a non-supervisory
position for reasons related to
supervisory performance, the employee
will be returned to a comparable
position of no lower pay than the
position from which promoted or
reassigned.
8. Volunteer Emeritus Corps
Under the demonstration project, the
Director will have the authority to offer
retired or separated employees
voluntary positions. The Director may
redelegate this authority. Voluntary
Emeritus Corps assignments are not
considered employment by the Federal
government (except for purposes of
injury compensation). Thus, such
assignments do not affect an employee’s
entitlement to buyouts or severance
payments based on an earlier separation
from Federal service.
The Voluntary Emeritus Corps will
ensure continued quality services while
reducing the overall salary line by
allowing higher paid employees to
accept retirement incentives with the
opportunity to retain a presence in the
NSRDEC community. The program will
be beneficial during manpower
reductions, as employees accept
retirement and return to provide a
continuing source of corporate
knowledge and valuable on-the-job
training or mentoring to less
experienced employees.
To be accepted into the Volunteer
Emeritus Corps, a volunteer must be
recommended by an NSRDEC manager
to the NSRDEC Director or delegated
authority. Not everyone who applies is
entitled to an emeritus position. The
responsible official will document
acceptance or rejection of the applicant.
For acceptance, documentation must be
retained throughout the assignment. For
rejection, documentation will be
maintained for two years.
To ensure success and encourage
participation, the volunteer’s Federal
retirement pay (whether military or
civilian) will not be affected while
serving in a voluntary capacity. Retired
or separated Federal employees may
accept an emeritus position without a
break or mandatory waiting period.
Voluntary Emeritus Corps volunteers
will not be permitted to monitor
contracts on behalf of the Government
or to participate on any contracts or
solicitations where a conflict of interest
exists. The volunteers may be required
to submit a financial disclosure form
annually. The same rules that currently
apply to source selection members will
apply to volunteers.
An agreement will be established
among the volunteer, the responsible
official, and the Civilian Personnel
PO 00000
Frm 00015
Fmt 4701
Sfmt 4703
68461
Advisory Center (CPAC). The agreement
must be finalized before the assumption
of duties and shall include:
(1) A statement that the voluntary
assignment does not constitute an
appointment in the Civil Service, is
without compensation, and the
volunteer waives any claims against the
Government based on the voluntary
assignment;
(2) A statement that the volunteer will
be considered a Federal employee only
for the purpose of injury compensation;
(3) The volunteer’s work schedule;
(4) Length of agreement (defined by
length of project or time defined by
weeks, months, or years);
(5) Support provided by the
organization (travel, administrative
support, office space, and supplies);
(6) A statement of duties;
(7) A statement providing that no
additional time will be added to a
volunteer’s service credit for such
purposes as retirement, severance pay,
and leave as a result of being a
volunteer;
(8) A provision allowing either party
to void the agreement with two working
days written notice;
(9) The level of security access
required by the volunteer (any security
clearance required by the position will
be managed by the employing
organization);
(10) A provision that any
publication(s) resulting from his/her
work will be submitted to the Director
for review and approval;
(11) A statement that he/she accepts
accountability for loss or damage to
Government property occasioned by
his/her negligence or willful action;
(12) A statement that his/her activities
on the premises will conform to the
regulations and requirements of the
organization;
(13) A statement that he/she will not
release any sensitive or proprietary
information without the written
approval of the employing organization
and further agrees to execute additional
non-disclosure agreements as
appropriate, if required, by the nature of
the anticipated services; and,
(14) A statement that he/she agrees to
disclose any inventions made in the
course of work performed at the
NSRDEC. The Director has the option to
obtain title to any such invention on
behalf of the U.S. Government. Should
the Director elect not to take title, the
NSRDEC shall at a minimum retain a
non-exclusive, irrevocable, paid-up,
royalty-free license to practice or have
practiced the invention worldwide on
behalf of the U.S. Government.
E:\FR\FM\24DEN2.SGM
24DEN2
68462
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
3. Demotion or Placement in a Lower
Pay Band
Exceptions to the provisions in this
procedure may be granted by the
Director on a case-by-case basis.
E. Internal Placement
1. Promotion
A promotion is the movement of an
employee to a higher pay band in the
same occupational family or to another
pay band in a different occupational
family, wherein the band in the new
family has a higher maximum base pay
than the band from which the employee
is moving. The move from one band to
another must result in an increase in the
employee’s base pay to be considered a
promotion. Positions with known
promotion potential to a specific band
within an occupational family will be
identified when they are filled. Not all
positions in an occupational family will
have promotion potential to the same
band. Movement from one occupational
family to another will depend upon
individual competencies, qualifications
and the needs of the organization.
Supervisors may consider promoting
employees at any time, since
promotions are not tied to the pay-forperformance system. Progression within
a pay band is based upon performance
base pay increases; as such, these
actions are not considered promotions
and are not subject to the provisions of
this section. Except as specified below,
promotions will be processed under
competitive procedures in accordance
with Merit System Principles and
requirements of the local Merit
Promotion Plan.
To be promoted competitively or noncompetitively from one band to the
next, an employee must meet the
minimum qualifications for the job and
have a current performance rating of
‘‘acceptable’’ with a score of 21 or
better, or equivalent under a different
performance appraisal system. If an
employee does not have a current
performance rating, the employee will
be treated the same as an employee with
an ‘‘acceptable’’ rating as long as there
is no documented evidence of
unacceptable performance.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
2. Reassignment
A reassignment is the movement of an
employee from one position to a
different position within the same
occupational family and pay band or to
another occupational family and pay
band wherein the band in the new
family has the same maximum base pay.
The employee must meet the
qualifications requirements for the
occupational family and pay band.
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
A demotion is the placement of an
employee into a lower pay band within
the same occupational family or
placement into a pay band in a different
occupational family with a lower
maximum base pay. Demotions may be
for cause (performance or conduct) or
for reasons other than cause (e.g.,
erosion of duties, reclassification of
duties to a lower pay band, application
under competitive announcements, at
the employee’s request, or placement
actions resulting from RIF procedures).
4. Simplified Assignment Process
Today’s environment of downsizing
and workforce fluctuations mandates
that the organization have maximum
flexibility to assign duties and
responsibilities to individuals. Pay
banding can be used to address this
need, as it enables the organization to
have maximum flexibility to assign an
employee with no change in base pay,
within broad descriptions, consistent
with the needs of the organization and
the individual’s qualifications and level.
Subsequent assignments to projects,
tasks, or functions anywhere within the
organization requiring the same level,
area of expertise, and qualifications
would not constitute an assignment
outside the scope or coverage of the
current position description. For
instance, a technical expert could be
assigned to any project, task, or function
requiring similar technical expertise.
Likewise, a manager could be assigned
to manage any similar function or
organization consistent with that
individual’s qualifications. This
flexibility allows broader latitude in
assignments and further streamlines the
administrative process and system.
permanent basis within the competitive
service.
(2) Promotion, reassignment,
demotion, transfer or reinstatement to a
position having promotion potential no
greater than the potential of a position
an employee currently holds or
previously held on a permanent basis in
the competitive service.
(3) A position change permitted by
reduction-in-force procedures.
(4) Promotion without current
competition when the employee was
appointed through competitive
procedures to a position with a
documented career ladder.
(5) A temporary promotion, or detail
to a position in a higher pay band, of
180 days or less.
(6) A promotion due to the
reclassification of positions based on
accretion (addition) of duties.
(7) A promotion resulting from the
correction of an initial classification
error or the issuance of a new
classification standard.
(8) Consideration of a candidate who
did not receive proper consideration in
a competitive promotion action.
(9) Impact of person in the job and
Factor IV process (application of the
Research Grade Evaluation Guide,
Equipment Development Grade
Evaluation Guide, Part III, or similar
guides) promotions.
F. Pay Setting
1. General
Under this plan employees may be
detailed to a position in the same band
(requiring a different level of expertise
and qualifications) or lower pay band
(or its equivalent in a different
occupational family) for up to one year.
Details may be implemented through an
official personnel action to cover the
one-year period. Details to a position in
a higher pay band up to 180 days will
be made non-competitively. Beyond 180
days requires competitive procedures.
Pay administration policies will be
established by the Personnel
Management Board. These policies will
be exempt from Army Regulations or
RDECOM pay fixing policies, but will
conform to basic governmental pay
fixing policy. Employees whose
performance is acceptable will receive
the full annual general pay increase and
the full locality pay. NSRDEC may make
full use of recruitment, retention and
relocation payments as provided for by
OPM. Pay band and pay retention will
follow current law and regulations at 5
U.S.C. 5362, 5363, and 5 CFR part 536,
except as waived or modified in section
IX, the waiver section of this plan. The
Director may also grant pay retention to
employees who meet general eligibility
requirements, but do not have specific
entitlement by law, provided they are
not specifically excluded.
6. Exceptions to Competitive Procedures
2. Pay and Compensation Ceilings
The following actions are excepted
from competitive procedures:
(1) Re-promotion to a position which
is in the same pay band or GS
equivalent and occupational family as
the employee previously held on a
An employee’s total monetary
compensation paid in a calendar year
may not exceed the base pay of Level I
of the Executive Schedule consistent
with 5 U.S.C. 5307 and 5 CFR part 530
subpart B. In addition, each pay band
5. Details
PO 00000
Frm 00016
Fmt 4701
Sfmt 4703
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
will have its own pay ceiling, just as
grades do in the current system. Base
pay rates for the various pay bands will
be directly keyed to the GS rates, except
as noted in III.A.3. for the Pay Band V
of the E&S occupational family. Other
than where a retained rate applies, base
pay will be limited to the maximum
base pay payable for each pay band.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
3. Pay Setting for Appointment
Upon initial appointment, the
individual’s pay may be set at the
lowest base pay in the band or
anywhere within the band level
consistent with the special
qualifications of the individual and the
unique requirements of the position.
These special qualifications may be in
the form of education, training,
experience, or any combination thereof
that is pertinent to the position in which
the employee is being placed. Guidance
on pay setting for new hires will be
established by the Personnel
Management Board.
Highest Previous Rate (HPR) will be
considered in placement actions
authorized under rules similar to the
HPR rules in 5 CFR 531.221. Use of HPR
will be at the supervisor’s discretion,
but if used, HPR is subject to policies
established by the Personnel
Management Board.
4. Pay Setting for Promotion
The minimum base pay increase upon
promotion to a higher pay band will be
six percent or the minimum base pay
rate of the new pay band, whichever is
greater. The maximum amount of the
pay increase will not exceed $10,000, or
other such amount as established by the
Personnel Management Board. The
maximum base pay increase for
promotion may be exceeded when
necessary to allow for the minimum
base pay increase. For employees
assigned to occupational categories and
geographic areas covered by special
rates, the minimum base pay rate in the
pay band to which promoted is the
minimum base pay for the
corresponding special rate or locality
rate, whichever is greater. For
employees covered by a staffing
supplement, the demonstration staffing
adjusted pay is considered base pay for
promotion calculations. When a
temporary promotion is terminated, the
employee’s pay entitlements will be redetermined based on the employee’s
position of record, with appropriate
adjustments to reflect pay events during
the temporary promotion, subject to the
specific policies and rules established
by the Personnel Management Board. In
no case may those adjustments increase
the base pay for the position of record
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
beyond the applicable pay range
maximum base pay rate.
5. Pay Setting for Reassignment
A reassignment may be effected
without a change in base pay. However,
a base pay increase may be granted
where a reassignment significantly
increases the complexity, responsibility,
authority or for other compelling
reasons. Such an increase is subject to
the specific guidelines established by
the Personnel Management Board.
6. Pay Setting for Demotion or
Placement in a Lower Pay Band
Employees demoted for cause
(performance or conduct) are not
entitled to pay retention and will
receive a minimum of a five percent
decrease in base pay. Employees
demoted for reasons other than cause
(e.g., erosion of duties, reclassification
of duties to a lower pay band,
application under competitive
announcements or at the employee’s
request, or placement actions resulting
from RIF procedures) may be entitled to
pay retention in accordance with the
provisions of 5 U.S.C. 5363 and 5 CFR
part 536, except as waived or modified
in section IX of this plan.
Employees who receive an
unacceptable rating or who are on a PIP
at the time pay determinations are
made, do not receive performance
payouts or the general pay increase.
This action may result in base pay that
is identified in a lower pay band. This
occurs because the minimum rate of
base pay in a pay band increases as the
result of the general pay increase (5
U.S.C. 5303). This situation (a
reduction-in-band level with no
reduction in pay) will not be considered
an adverse performance based action,
nor will band retention provisions
apply.
7. Supervisory and Team Leader Pay
Adjustments
Supervisory and team leader pay
adjustments may be approved by the
Director based on the recommendation
of the Personnel Management Board to
compensate employees with supervisory
or team leader responsibilities. Only
employees in supervisory or team leader
positions as defined by the OPM GS
Supervisory Guide or GS Leader Grade
Evaluation Guide may be considered for
the pay adjustment. These pay
adjustments are funded separately from
performance pay pools. These pay
adjustments are increases to base pay,
ranging up to ten percent of that pay
rate for supervisors and up to five
percent of that pay rate for team leaders.
Pay adjustments are subject to the
PO 00000
Frm 00017
Fmt 4701
Sfmt 4703
68463
constraint that the adjustment may not
cause the employee’s base pay to exceed
the pay band maximum base pay.
Criteria to be considered in determining
the pay increase percentage include:
(1) needs of the organization to attract,
retain, and motivate high-quality
supervisors/team leaders;
(2) budgetary constraints;
(3) years and quality of related
experience;
(4) relevant training;
(5) performance appraisals and
experience as a supervisor/team leader;
(6) organizational level of position;
and
(7) impact on the organization. The
pay adjustment will not apply to
employees in Pay Band V of the E&S
occupational family.
After the date of conversion into the
demonstration project, a pay adjustment
may be considered under the following
conditions:
(1) New hires into supervisory/team
leader positions will have their initial
rate of base pay set at the supervisor’s
discretion within the pay range of the
applicable pay band. This rate of pay
may include a pay adjustment
determined by using the ranges and
criteria outlined above.
(2) A career employee selected for a
supervisory/team leader position that is
within the employee’s current pay band
may also be considered for a base pay
adjustment. If a supervisor/team leader
is already authorized a base pay
adjustment and is subsequently selected
for another supervisor/team leader
position within the same pay band, then
the base pay adjustment will be redetermined.
Upon initial conversion into the
demonstration project into the same or
substantially similar position,
supervisors/team leaders will be
converted at their existing base rate of
pay and will not be eligible for a base
pay adjustment.
The supervisor/team leader pay
adjustment will be reviewed annually,
with possible increases or decreases
based on the appraisal scores for the
performance element, Team/Project
Leadership or Supervision/EEO. The
initial dollar amount of a base pay
adjustment will be removed when the
employee voluntarily leaves the
position. The cancellation of the
adjustment under these circumstances is
not an adverse action and is not subject
to appeal. If an employee is removed
from a supervisory/team leader position
for personal cause (performance or
conduct), the base pay adjustment will
be removed under adverse action
procedures. However, if an employee is
removed from a non-probationary
E:\FR\FM\24DEN2.SGM
24DEN2
68464
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
supervisory/team leader position for
conditions other than voluntary or for
personal cause, then grade and pay
retention will follow current law and
regulations at 5 U.S.C. 5362, 5363, and
5 CFR part 536, except as waived or
modified in section IX.
8. Supervisory/Team Leader Pay
Differentials
Supervisory and team leader pay
differentials may be used by the Director
to provide an incentive and reward
supervisors and team leaders as defined
by the OPM GS Supervisory Guide and
GS Leader Grade Evaluation Guide. Pay
differentials are not funded from
performance pay pools. A pay
differential is a cash incentive that may
range up to ten percent of base pay for
supervisors and up to five percent of
base pay for team leaders. It is paid on
a pay period basis with a specified notto-exceed (NTE) of one year or less and
is not included as part of the base pay.
Criteria to be considered in determining
the amount of the pay differential are
the same as those identified for
Supervisory/Team Leader Pay
Adjustments. The pay differential will
not apply to employees in Pay Band V
of the E&S occupational family.
The pay differential may be
considered, either during conversion
into or after initiation of the
demonstration project, if the supervisor/
team leader has subordinate employees
in the same pay band. The differential
must be terminated if the employee is
removed from a supervisory/team leader
position, regardless of cause.
After initiation of the demonstration
project, all personnel actions involving
a supervisory/team leader differential
will require a statement signed by the
employee acknowledging that the
differential may be terminated or
reduced at the discretion of the Director.
The termination or reduction of the
differential is not an adverse action and
is not subject to appeal.
9. Staffing Supplements
Employees assigned to occupational
categories and geographic areas covered
by special rates will be entitled to a
staffing supplement if the maximum
adjusted base pay rate for the banded GS
grades to which assigned is a special
rate that exceeds the maximum adjusted
base pay for the banded grades (i.e., the
maximum GS locality rate for the
banded grades). The staffing supplement
is added to the base pay, much like
locality rates are added to base pay. For
Staffing factor =
employees being converted into the
demonstration project, total pay
immediately after conversion will be the
same as immediately before (excluding
the impact of any WGI buy-in), but a
portion of the total pay will be in the
form of a staffing supplement. Adverse
action and pay retention provisions will
not apply to the conversion process, as
there will be no change in total pay.
The staffing supplement is calculated
as follows. Upon conversion, the
demonstration base rate will be
established by dividing the employee’s
former GS adjusted base pay rate (the
higher of special rate or locality rate) by
the staffing factor. The staffing factor
will be determined by dividing the
maximum special rate for the banded
grades by the GS unadjusted rate
corresponding to that special rate (step
10 of the GS rate for the same grade as
the special rate). The employee’s
demonstration staffing supplement is
derived by multiplying the
demonstration base pay rate by the
staffing factor minus one. Therefore, the
employee’s final demonstration special
staffing rate equals the demonstration
base pay rate plus the staffing
supplement. This amount will equal the
employee’s former GS adjusted base pay
rate. Simplified, the formula is this:
Maximum special rate for the banded grades
GS unadjusted rate corresponding to that special rate
Demonstration base pay rate =
Former GS adjusted base pay rate (specialty or locality rate)
Staffing factor
Staffing supplement = Demonstration base pay rate ∗ (staffing factor − 1)
f
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
need for a staffing supplement. If OPM
discontinues or decreases a special rate
schedule, pay retention provisions will
be applied. Upon geographic movement,
an employee who receives the staffing
supplement will have the supplement
recomputed. Any resulting reduction in
pay will not be considered an adverse
action or a basis for pay retention.
Application of the staffing
supplement is normally intended to
maintain pay comparability for GS
employees entering the demonstration
project. However, the staffing
supplement formulas must be
compatible with non-Government
employees entering the demonstration
and also be adaptable to the special
circumstances of employees already in
the demonstration project. The
PO 00000
Frm 00018
Fmt 4701
Sfmt 4703
following principles will govern the
modifications necessary to the staffing
supplement calculations to apply the
staffing supplement to circumstances
other than a GS employee entering the
demonstration project. No adjustment
under these provisions will provide an
increase greater than that provided by
the special salary rate table. An increase
provided under this authority is not an
equivalent increase, as defined by 5 CFR
531.403. These principles are stated
with the understanding that the
necessary conditions exist that require
the application of a staffing supplement:
(1) If a non-Government employee is
hired into the demonstration, then the
employee’s adjusted base pay will be
used for the term, ‘‘former GS adjusted
E:\FR\FM\24DEN2.SGM
24DEN2
EN23DE09.002
If an employee is in a band where the
maximum GS adjusted base pay rate for
the banded grades is a locality rate,
when the employee enters into the
demonstration project, the
demonstration base pay rate is derived
by dividing the employee’s former GS
adjusted base pay rate (the higher of
locality rate or special rate) by the
applicable locality pay factor. The
employee’s demonstration localityadjusted base pay rate will equal the
employee’s former GS adjusted base pay
rate. Any GS or special rate schedule
adjustment will require computing the
staffing supplement again. Employees
receiving a staffing supplement remain
entitled to an underlying locality rate,
which may over time supersede the
EN23DE09.001
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Pay upon conversion = Demonstration base pay rate + staffing supplement (sum will equal existing rate)
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
base pay rate’’ to calculate the
demonstration base pay rate.
(2) If a current employee is covered by
a new or modified special salary rate
table, then the employee’s current
demonstration base pay rate is used to
calculate the staffing supplement
percentage. The employee’s new
demonstration adjusted base pay rate is
the sum of the current demonstration
base pay rate and the calculated staffing
supplement.
(3) If a current employee is in an
occupational category that is covered by
a special salary rate table and
subsequently, the occupational category
becomes covered by a different special
salary rate table with a higher value,
then the following steps must be
applied to calculate a new
demonstration base pay rate:
Step 1. To obtain a relevance factor,
divide the staffing factor that will
become applicable to the employee by
the staffing factor that would have
applied to the employee.
Step 2. Multiply the relevance factor
resulting from step 1 by the employee’s
current demonstration adjusted base pay
rate to determine a new demonstration
adjusted base pay rate.
Step 3. Divide the result from step 2
by the applicable staffing factor to
derive a new demonstration base pay
rate. This new demonstration base pay
rate will be used to calculate the staffing
supplement and the new demonstration
adjusted base pay.
(4) If, after the establishment of a new
or adjusted special salary rate table, an
employee enters the demonstration
(whether converted/hired from GS or
another pay system, or hired from
outside Government) prior to this
intervention, then the employee’s
adjusted base pay is used for the term
‘‘former GS adjusted base pay rate’’ to
calculate the demonstration base pay
rate. This principle prevents double
compensation due to the single event of
a new or adjusted special salary rate
table.
(5) If an employee is in an
occupational category covered by a new
or modified special salary rate table, and
the pay band to which assigned is not
entitled to a staffing supplement, then
the employee’s adjusted base pay may
be reviewed and adjusted to
accommodate the rate increase provided
by the special salary rate table. The
review may result in a one-time base
pay increase if the employee’s adjusted
base pay equals or is less than the
highest special salary grade and step
that exceeds the comparable locality
grade and step. Demonstration project
operating procedures will identify the
officials responsible to make such
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
reviews and determinations. The
applicable staffing supplement will be
calculated by determining the
percentage difference between the
highest step 10 special salary rate and
the comparable step 10 locality rate and
applying this percentage to the
demonstration base pay rate.
An established base pay rate plus the
staffing supplement will be considered
adjusted base pay for the same purposes
as a locality rate under 5 CFR 531.610,
i.e., for purposes of retirement, life
insurance, premium pay, severance pay,
and advances in pay. It will also be used
to compute worker’s compensation
payments and lump-sum payments for
accrued and accumulated annual leave.
G. Employee Development
1. Expanded Developmental
Opportunity Program
The Expanded Developmental
Opportunity Program will be available
to all demonstration project employees.
Expanded developmental opportunities
complement existing developmental
opportunities such as long-term
training, rotational job assignments,
developmental assignments to Army
Materiel Command/Army/DoD, and
self-directed study via correspondence
courses and local colleges and
universities. Each developmental
opportunity must result in a product,
service, report or study that will benefit
the NSRDEC or customer organization
as well as increase the employee’s
individual effectiveness. The
developmental opportunity period will
not result in loss of (or reduction) in
base pay, leave to which the employee
is otherwise entitled, or credit for
service time. The positions of
employees on expanded developmental
opportunities may be back-filled (i.e.,
with temporarily assigned, detailed or
promoted employees or with term
employees). However, that position or
its equivalent must be made available to
the employee upon return from the
developmental period. The Personnel
Management Board will provide written
guidance for employees on application
procedures and develop a process that
will be used to review and evaluate
applicants for development
opportunities.
a. Sabbaticals. The NSRDEC Director
has the authority to grant paid or unpaid
sabbaticals to all career employees. The
purpose of a sabbatical will be to permit
an employee to engage in study or
uncompensated work experience that
will benefit the organization and
contribute to the employee’s
development and effectiveness. Each
sabbatical must result in a product,
PO 00000
Frm 00019
Fmt 4701
Sfmt 4703
68465
service, report, or study that will benefit
the NSRDEC mission as well as increase
the employee’s individual effectiveness.
Various learning or developmental
experiences may be considered, such as
advanced academic teaching; research;
self-directed or guided study; and onthe-job work experience with public,
private, commercial, or private nonprofit organizations.
One paid sabbatical of up to twelve
months in duration or one unpaid
sabbatical of up to six months in a
calendar year may be granted to an
employee in any seven-year period.
Employees will be eligible to request a
sabbatical after completion of seven
years of Federal service. Employees
approved for a paid sabbatical must sign
a service obligation agreement to
continue in service in the NSRDEC for
a period of three times the length of the
sabbatical. If an employee voluntarily
leaves NSRDEC before the service
obligation is completed he/she is liable
for repayment of expenses incurred by
NSRDEC that are associated with
training during the sabbatical. Expenses
do not include salary costs. The
NSRDEC Director has the authority to
waive this requirement. Criteria for such
waivers will be addressed in the
operating procedures.
Specific procedures will be developed
for processing sabbatical applications
upon implementation of the
demonstration project.
b. Critical Skills Training (Training
for Degrees). The NSRDEC Director has
the authority to approve academic
degree training consistent with 5 U.S.C.
4107. Training is an essential
component of an organization that
requires continuous acquisition of
advanced and specialized knowledge.
Degree training is also a critical tool for
recruiting and retaining employees with
or requiring critical skills. Academic
degree training will ensure continuous
acquisition of advanced specialized
knowledge essential to the organization,
and enhance our ability to recruit and
retain personnel critical to the present
and future requirements of the
organization. Degree or certificate
payment may not be authorized where
it would result in a tax liability for the
employee without the employee’s
express and written consent. Any
variance from this policy must be
rigorously determined and documented.
Guidelines will be developed to ensure
competitive approval of degree or
certificate payment and that such
decisions are fully documented.
Employees approved for degree training
must sign a service obligation agreement
to continue in service in NSRDEC for a
period of three times the length of the
E:\FR\FM\24DEN2.SGM
24DEN2
68466
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
training period. If an employee
voluntarily leaves the NSRDEC before
the service obligation is completed, he/
she is liable for repayment of expenses
incurred by NSRDEC related to the
critical skills training. Expenses do not
include salary costs. The NSRDEC
Director has the authority to waive this
requirement. Criteria for such waivers
will be addressed in the operating
procedures.
H. Reduction-in-Force (RIF) Procedures
RIF procedures will be used when an
employee faces separation or
downgrading due to lack of work,
shortage of funds, reorganization,
insufficient personnel ceiling, the
exercise of re-employment or restoration
rights, or furlough for more than 30
calendar days or more than 22
discontinuous days. The procedures in
5 CFR part 351 will be followed with
slight modifications pertaining to the
competitive areas, assignment rights,
and the calculation of adjusted service
computation date and grade/pay band
retention. Modified term appointment
employees are in Tenure Group III for
RIF purposes. RIF procedures are not
required when separating these
employees when their appointments
expire.
1. Competitive Areas
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Separate competitive areas for RIF
purposes will be established at each
geographic location. Separate RIF
competitive areas for demonstration and
non-demonstration project employees
will be established at each geographic
location. Bumps and retreats will occur
only within the same competitive area
and only to positions for which the
employee meets all qualification
standards including medical and/or
physical qualifications.
Within each competitive area,
competitive levels will be established
based on the occupational family, pay
band and series which are similar
enough in duties and qualifications that
employees can perform the duties and
responsibilities of any other position in
the competitive level upon assignment
to it, without any loss of productivity
beyond what is normally expected.
2. Assignment Rights
An employee may displace another
employee by bump or retreat to one
band below the employee’s existing
band. A preference eligible with a
compensable service-connected
disability of 30 percent or more may
retreat to positions two bands (or
equivalent to five grades) below his/her
current band.
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
3. Crediting Performance in Reductions
in Force (RIF)
Reductions in force are accomplished
using the existing procedures with the
retention factors of: Tenure, veterans’
preference and length of service as
adjusted by performance ratings, in that
order. However, the additional RIF
service credit for performance will be
based on the last three total performance
scores during the preceding four years
and will be applied as follows:
Total Performance Scores = Years of
Service Credit
48–50 = 10
45–47 = 9
42–44 = 8
39–41 = 7
36–38 = 6
33–35 = 5
30–32 = 4
27–29 = 3
24–26 = 2
20–23 = 1
A score of below 20 adds no credit for
RIF retention. (Note: The additional
years of service credit are added, not
averaged. Ratings given under nondemonstration systems will be
converted to the demonstration-rating
scheme and provided the equivalent
rating credit.)
Employees who have been rated
under different patterns of summary
rating levels will receive RIF appraisal
credit based on the following:
If there are any ratings to be credited
for the RIF given under a rating system,
which includes one or more levels
above fully successful (Level 3),
employee will receive:
10 years for Level 5
7 years for Level 4
3 years for Level 3
If an employee comes from a system
with no levels above Fully Successful
(Level 3), they will receive credit based
on the demonstration project’s modal
score for the employee’s competitive
area.
In some cases, an employee may not
have three ratings of record. If an
employee has fewer than three annual
ratings of record, then for each missing
rating, an average of the scores received
for the past four years will be used.
When the score is calculated to be a
decimal, it should be rounded to the
next higher whole number using the
method described in paragraph III.C.4.
For an employee who has no ratings of
record, all credit will be based on the
repeated use of a single modal rating
from the most recently completed
appraisal period on record.
An employee who has received a
written decision that his/her
performance is unacceptable has no
PO 00000
Frm 00020
Fmt 4701
Sfmt 4703
bump or retreat rights. An employee
who has been demoted for unacceptable
performance, and as of the date of the
issuance of the RIF notice has not
received a performance rating in the
position to which demoted, will receive
the same additional retention service
credit granted for a Level 3 rating of
record. An employee who has received
an acceptable rating following a PIP will
have that rating considered as the
current rating of record.
An employee with a current
unacceptable rating of record has
assignment rights only to a position
held by another employee who has an
unacceptable rating of record.
4. Pay Band and Pay Retention
Pay band and pay retention will
follow current law and regulations at 5
U.S.C. 5362, 5363, and 5 CFR part 536,
except as waived or modified in section
IX of this plan.
IV. Implementation Training
Critical to the success of the
demonstration project is the training
developed to promote understanding of
the broad concepts and finer details
needed to implement and successfully
execute this project. Pay banding, a new
job classification and performance
management system all represent
significant cultural change to the
organization. Training will be tailored to
address employee concerns and
encourage comprehensive
understanding of the demonstration
project. Training will be required both
prior to implementation and at various
times during the life of the
demonstration project.
A training program will begin prior to
implementation and will include
modules tailored for employees,
supervisors, senior managers, and
administrative staff. Typical modules
are:
(1) An overview of the demonstration
project personnel system;
(2) How employees are converted into
and out of the system;
(3) Pay banding;
(4) The pay-for-performance system;
(5) Defining performance objectives;
(6) How to assign weights;
(7) Assessing performance—giving
feedback;
(8) New position descriptions;
(9) Demonstration project
administration and formal evaluation.
Various types of training are being
considered including videos, on-line
tutorials, and train-the-trainer concepts.
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
V. Conversion
A. Conversion to the Demonstration
Project
Conversion from current GS/GM
grade and pay into the new pay band
system will be accomplished during
implementation of the demonstration
project. Initial entry into the
demonstration project will be
accomplished through a full employeeprotection approach that ensures each
employee an initial place in the
appropriate pay band without loss of
pay on conversion.
Employees serving under regular term
appointments at the time of the
implementation of the demonstration
project will be converted to the
modified term appointment if all
requirements in III.D.4. (Revisions to
Term Appointments) have been
satisfied. Position announcements, etc.,
will not be required for these term
appointments.
Employees who enter the
demonstration project later by lateral
transfer, reassignment or realignment
will be subject to the same pay
conversion rules. If conversion into the
demonstration project is accompanied
by a geographic move, the employee’s
GS pay entitlements in the new
geographic area must be determined
before performing the pay conversion.
Employees who are covered by
special salary rates prior to entering the
demonstration project will no longer be
considered a special rate employee
under the demonstration project.
Special conversion rules apply to
special salary rate employees, which are
described in III.F.9. (Staffing
Supplements). These employees will be
eligible for full locality pay or a staffing
supplement. The adjusted base pay of
these employees will not change.
Rather, the employees will receive a
new adjusted base pay rate computed
under the staffing supplement rules in
section III. F.9. Adverse action and pay
retention provisions will not apply to
the conversion process, as there will be
no change in adjusted base pay.
Employees who are on temporary
promotions at the time of conversion
will be converted to a pay band
commensurate with the grade of the
position to which temporarily
promoted. At the conclusion of the
temporary promotion, the employee will
revert to the grade or pay band that
corresponds to the position of record.
When a temporary promotion is
terminated, pay will be determined
based on the position of record, with
appropriate adjustments to reflect pay
events during the temporary promotion,
subject to the specific policies and rules
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
established by the Personnel
Management Board. In no case may
those adjustments increase the pay for
the position of record beyond the
applicable pay band maximum base
pay. The only exception will be if the
original competitive promotion
announcement stipulated that the
promotion could be made permanent; in
these cases, actions to make the
temporary promotion permanent will be
considered, and if implemented, will be
subject to all existing priority placement
programs.
During the first twelve months
following conversion, employees will
receive base pay increases for noncompetitive promotion equivalents
when the grade level of the promotion
is encompassed within the same pay
band, the employee’s performance
warrants the promotion and promotions
would have otherwise occurred during
that period. Employees who receive an
in-level promotion at the time of
conversion will not receive a prorated
step increase equivalent as defined
below.
Under the GS pay structure,
employees progress through their
assigned grade in step increments. Since
this system is being replaced under the
demonstration project, employees will
be awarded that portion of the next
higher step they have completed up
until the effective date of conversion. As
under the current system, supervisors
will be able to withhold these partial
step increases if the employee’s
performance is below an acceptable
level of competence.
Rules governing WGIs will continue
in effect until conversion. Adjustments
to the employee’s base pay for WGI
equity will be computed as of the
effective date of conversion. WGI equity
will be acknowledged by increasing
base pay by a prorated share based upon
the number of weeks an employee has
completed toward the next higher step.
Payment will equal the value of the
employee’s next WGI times the
proportion of the waiting period
completed (weeks completed in waiting
period/weeks in the waiting period) at
the time of conversion. Employees at
step 10, or receiving retained rates, on
the day of implementation will not be
eligible for WGI equity adjustments
since they are already at or above the
top of the step scale. Employees serving
on retained grade will receive WGI
equity adjustments provided they are
not at step 10 or receiving a retained
rate.
Employees who enter the
demonstration project after initial
implementation by lateral transfer,
reassignment, or realignment will be
PO 00000
Frm 00021
Fmt 4701
Sfmt 4703
68467
subject to the same pay conversion rules
as above. Specifically, adjustments to
the employee’s base pay for a step
increase and a non-competitive career
ladder promotion will be computed as
a prorated share of the current value of
the step or promotion increase based
upon the number of full weeks an
employee has completed toward the
next higher step or grade at the time the
employee moves into the project.
B. Conversion Out of the Demonstration
Project
If a demonstration project employee is
moving to a GS position not under the
demonstration project, or if the project
ends and each project employee must be
converted back to the GS system, the
following procedures will be used to
convert the employee’s project pay band
to a GS-equivalent grade and the
employee’s project rate of pay to the GSequivalent rate of pay. The converted
GS grade and GS rate of pay must be
determined before movement or
conversion out of the demonstration
project and any accompanying
geographic movement, promotion, or
other simultaneous action. For
conversions upon termination of the
project and for lateral reassignments, the
converted GS grade and rate will
become the employee’s actual GS grade
and rate after leaving the demonstration
project (before any other action). For
transfers, promotions, and other actions,
the converted GS grade and rate will be
used in applying any GS pay
administration rules applicable in
connection with the employee’s
movement out of the project (e.g.,
promotion rules, highest previous rate
rules, pay retention rules), as if the GS
converted grade and rate were actually
in effect immediately before the
employee left the demonstration project.
1. Grade-Setting Provisions
An employee in a pay band
corresponding to a single GS grade is
converted to that grade. An employee in
a pay band corresponding to two or
more grades is converted to one of those
grades according to the following rules:
(1) The employee’s adjusted base pay
under the demonstration project
(including any locality payment or
staffing supplement) is compared with
step 4 rates in the highest applicable GS
rate range. (For this purpose, a GS rate
range includes a rate in the:
(a) GS base schedule;
(b) Locality rate schedule for the
locality pay area in which the position
is located; or
(c) Appropriate special rate schedule
for the employee’s occupational series,
as applicable.)
E:\FR\FM\24DEN2.SGM
24DEN2
68468
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
If the series is a two-grade interval
series, only odd-numbered grades are
considered below GS–11.
(2) If the employee’s adjusted base
pay under the demonstration project
equals or exceeds the applicable step 4
adjusted base pay rate of the highest GS
grade in the band, the employee is
converted to that grade.
(3) If the employee’s adjusted base
pay under the demonstration project is
lower than the applicable step 4
adjusted base pay rate of the highest
grade, the adjusted base pay under the
demonstration project is compared with
the step 4 adjusted base pay rate of the
second highest grade in the employee’s
pay band. If the employee’s adjusted
base pay under the demonstration
project equals or exceeds the step 4
adjusted base pay rate of the second
highest grade, the employee is
converted to that grade.
(4) This process is repeated for each
successively lower grade in the band
until a grade is found in which the
employee’s adjusted base pay under the
demonstration project rate equals or
exceeds the applicable step 4 adjusted
base pay rate of the grade. The employee
is then converted at that grade. If the
employee’s adjusted base pay is below
the step 4 adjusted base pay rate of the
lowest grade in the band, the employee
is converted to the lowest grade.
(5) Exception: If the employee’s
adjusted base pay under the
demonstration project exceeds the
maximum adjusted base pay rate of the
grade assigned under the abovedescribed step 4 rule but fits in the
adjusted base pay rate range for the next
higher applicable grade (i.e., between
step 1 and step 4), then the employee
shall be converted to that next higher
applicable grade.
(6) Exception: An employee will not
be converted to a lower grade than the
grade held by the employee
immediately preceding a conversion,
lateral reassignment, or lateral transfer
into the project, unless since that time
the employee has undergone a reduction
in band.
2. Pay-Setting Provisions
An employee’s pay within the
converted GS grade is set by converting
the employee’s demonstration project
rates of pay to GS rates of pay in
accordance with the following rules:
(1) The pay conversion is done before
any geographic movement or other payrelated action that coincides with the
employee’s movement or conversion out
of the demonstration project.
(2) An employee’s adjusted base pay
under the demonstration project (i.e.
including any locality payment or
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
staffing supplement) is converted to a
GS adjusted base pay rate on the highest
applicable GS rate range for the
converted GS grade. For this purpose, a
GS rate range includes a rate range in:
(a) The GS base schedule,
(b) An applicable locality rate
schedule, or
(c) An applicable special rate
schedule.
(3) If the highest applicable GS rate
range is a locality pay rate range, the
employee’s adjusted base pay under the
demonstration project is converted to a
GS locality rate of pay. If this rate falls
between two steps in the localityadjusted schedule, the rate must be set
at the higher step. The converted GS
unadjusted rate of base pay would be
the GS base rate corresponding to the
converted GS locality rate (i.e., same
step position).
(4) If the highest applicable GS rate
range is a special rate range, the
employee’s adjusted base pay under the
demonstration project is converted to a
special rate. If this rate falls between
two steps in the special rate schedule,
the rate must be set at the higher step.
The converted GS unadjusted rate of
base pay will be the GS rate
corresponding to the converted special
rate (i.e., same step position).
(5) E&S Pay Band V Employees: An
employee in Pay Band V of the E&S
occupational family will convert out of
the demonstration project at the GS–15
level. Procedures will be developed to
ensure that employees entering Pay
Band V understand that if they leave the
demonstration project and their
adjusted base pay under the project
exceeds the highest applicable GS–15,
Step 10 rate, there is no entitlement to
retained pay. Their GS equivalent rate
will be deemed to be the rate for GS–
15, Step 10. For those Pay Band V
employees paid below the adjusted GS–
15, Step 10 rate, the converted rates will
be set in accordance with paragraph 2.
(6) Employees with Pay Retention: If
an employee is receiving a retained rate
under the demonstration project, the
employee’s GS-equivalent grade is the
highest grade encompassed in his or her
band level. Demonstration project
operating procedures will outline the
methodology for determining the GSequivalent pay rate for an employee
retaining a rate under the demonstration
project.
3. Within-Grade Increase—Equivalent
Increase Determinations
Service under the demonstration
project is creditable for within-grade
increase purposes upon conversion back
to the GS pay system. Performance pay
increases (including a zero increase)
PO 00000
Frm 00022
Fmt 4701
Sfmt 4703
under the demonstration project are
equivalent increases for the purpose of
determining the commencement of a
within-grade increase waiting period
under 5 CFR 531.405(b).
C. Personnel Administration
All personnel laws, regulations, and
guidelines not waived by this plan will
remain in effect. Basic employee rights
will be safeguarded and Merit System
Principles will be maintained. Servicing
CPACs will continue to process
personnel-related actions and provide
consultative and other appropriate
services.
D. Automation
The NSRDEC will continue to use the
Defense Civilian Personnel Data System
(DCPDS) for the processing of
personnel-related data. Payroll servicing
will continue from the respective
payroll offices.
An automated tool will used to
support computation of performancerelated pay increases and awards and
other personnel processes and systems
associated with this project.
E. Experimentation and Revision
Many aspects of a demonstration
project are experimental. Modifications
may be made from time to time as
experience is gained, results are
analyzed, and conclusions are reached
on how the new system is working.
DoDI 1400.37, July 28, 2009, provides
instructions for adopting other STRL
flexibilities, making minor changes to
an existing demonstration project, and
requesting new initiatives.
VI. Project Duration
Public Law 103–337 removed any
mandatory expiration date for this
demonstration. NSRDEC, DA and DoD
will ensure this project is evaluated for
the first five years after implementation
in accordance with 5 U.S.C. 4703.
Modifications to the original evaluation
plan or any new evaluation will ensure
the project is evaluated for its
effectiveness, its impact on mission and
any potential adverse impact on any
employee groups. Major changes and
modifications to the interventions
would be made if formative evaluation
data warranted and will be published in
the Federal Register to the extent
required. At the five-year point, the
demonstration will be reexamined for
permanent implementation,
modification and additional testing, or
termination of the entire demonstration
project.
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
VII. Evaluation Plan
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
A. Overview
Chapter 47 of 5 U.S.C. requires that an
evaluation be performed to measure the
effectiveness of the demonstration
project and its impact on improving
public management. A comprehensive
evaluation plan for the entire
demonstration program, originally
covering 24 DoD laboratories, was
developed by a joint OPM/DoD
Evaluation Committee in 1995. This
plan was submitted to the Office of
Defense Research & Engineering and
was subsequently approved. The main
purpose of the evaluation is to
determine whether the waivers granted
result in a more effective personnel
system and improvements in ultimate
outcomes (i.e. organizational
effectiveness, mission accomplishment,
and customer satisfaction).
B. Evaluation Model
Appendix D shows an intervention
model for the evaluation of the
demonstration project. The model is
designated to evaluate two levels of
organizational performance:
intermediate and ultimate outcomes.
The intermediate outcomes are defined
as the results from specific personnel
system changes and the associated
waivers of law and regulation expected
to improve human resource (HR)
management (i.e. cost, quality,
timeliness). The ultimate outcomes are
determined through improved
organizational performance, mission
accomplishment, and customer
satisfaction. Although it is not possible
to establish a direct causal link between
changes in the HR management system
and organizational effectiveness, it is
hypothesized that the new HR system
will contribute to improved
organizational effectiveness.
Organizational performance measures
established by the organization will be
used to evaluate the impact of a new HR
system on the ultimate outcomes. The
evaluation of the new HR system for any
given organization will take into
account the influence of three factors on
organizational performance: context,
degree of implementation, and support
of implementation. The context factor
refers to the impact which intervening
variables (i.e., downsizing, changes in
mission, or the economy) can have on
the effectiveness of the program. The
degree of implementation considers the
extent to which the:
(1) HR changes are given a fair trial
period;
(2) Changes are implemented; and
(3) Changes conform to the HR
interventions as planned.
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
The support of implementation factor
accounts for the impact that factors such
as training, internal regulations and
automated support systems have on the
support available for program
implementation. The support for
program implementation factor can also
be affected by the personal
characteristics (e.g., attitudes) of
individuals who are implementing the
program.
The degree to which the project is
implemented and operated will be
tracked to ensure that the evaluation
results reflect the project as it was
intended. Data will be collected to
measure changes in both intermediate
and ultimate outcomes, as well as any
unintended outcomes, which may
happen as a result of any organizational
change. In addition, the evaluation will
track the impact of the project and its
interventions on veterans and other
protected groups, the Merit Systems
Principles, and the Prohibited Personnel
Practices. Additional measures may be
added to the model in the event that
changes or modifications are made to
the demonstration plan.
The intervention model at Appendix
D will be used to measure the
effectiveness of the personnel system
interventions implemented. The
intervention model specifies each
personnel system change or
‘‘intervention’’ that will be measured
and shows:
(1) The expected effects of the
intervention,
(2) The corresponding measures, and
(3) The data sources for obtaining the
measures.
Although the model makes predictions
about the outcomes of specific
interventions, causal attributions about
the full impact of specific interventions
will not always be possible for several
reasons. For example, many of the
initiatives are expected to interact with
each other and contribute to the same
outcomes. In addition, the impact of
changes in the HR system may be
mitigated by context variables (e.g., the
job market, legislation, and internal
support systems) or support factors (e.g.,
training and automation support
systems).
C. Evaluation
A modified quasi-experimental design
will be used for the evaluation of the
STRL Personnel Demonstration
Program. Because most of the eligible
laboratories are participating in the
program, a 5 U.S.C. comparison group
will be compiled from the Civilian
Personnel Data File (CPDF). This
comparison group will consist of
workforce data from Government-wide
PO 00000
Frm 00023
Fmt 4701
Sfmt 4703
68469
research organizations in civilian
Federal agencies with missions and job
series matching those in the DoD
laboratories. This comparison group
will be used primarily in the analysis of
pay banding costs and turnover rates.
D. Method of Data Collection
Data from several sources will be used
in the evaluation. Information from
existing management information
systems and from personnel office
records will be supplemented with
perceptual survey data from employees
to assess the effectiveness and
perception of the project. The multiple
sources of data collection will provide
a more complete picture as to how the
interventions are working. The
information gathered from one source
will serve to validate information
obtained through another source. In so
doing, the confidence of overall findings
will be strengthened as the different
collection methods substantiate each
other.
Both quantitative and qualitative data
will be used when evaluating outcomes.
The following data will be collected:
(1) Workforce data;
(2) Personnel office data;
(3) Employee attitude surveys;
(4) Focus group data;
(5) Local site historian logs and
implementation information;
(6) Customer satisfaction surveys; and
(7) Core measures of organizational
performance.
The evaluation effort will consist of
two phases, formative and summative
evaluation, covering at least five years to
permit inter- and intra-organizational
estimates of effectiveness. The formative
evaluation phase will include baseline
data collection and analysis,
implementation evaluation, and interim
assessments. The formal reports and
interim assessments will provide
information on the accuracy of project
operation, and current information on
impact of the project on veterans and
protected groups, Merit System
Principles, and Prohibited Personnel
Practices. The summative evaluation
will focus on an overall assessment of
project outcomes after five years. The
final report will provide information on
how well the HR system changes
achieved the desired goals, which
interventions were most effective, and
whether the results can be generalized
to other Federal installations.
VIII. Demonstration Project Costs
A. Cost Discipline
An objective of the demonstration
project is to ensure in-house cost
discipline. A baseline will be
E:\FR\FM\24DEN2.SGM
24DEN2
68470
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
established at the start of the project and
labor expenditures will be tracked
yearly. Implementation costs (including
project development, automation costs,
step buy-in costs, and evaluation costs)
are considered one-time costs and will
not be included in the cost discipline.
The Personnel Management Board
will track personnel cost changes and
recommend adjustments if required to
achieve the objective of cost discipline.
B. Developmental Costs
Costs associated with the
development of the personnel
demonstration project include software
automation, training, and project
evaluation. All funding will be provided
through the organization’s budget. The
projected annual expenses are
summarized in Table 1. Project
evaluation costs are not expected to
continue beyond the first five years
unless the results warrant further
evaluation.
TABLE 1—PROJECTED DEVELOPMENT COSTS
[In thousands of dollars]
FY09
FY10
FY11
FY12
FY13
Training ................................................................................
Project Evaluation ................................................................
Automation ...........................................................................
0K
0K
50K
25K
0K
50K
15K
15K
40K
10K
15K
40K
5K
15K
40K
Totals ............................................................................
50K
75K
70K
65K
60K
IX. Required Waivers to Law and
Regulation
Public Law 106–398 gave the DoD the
authority to experiment with several
personnel management innovations. In
addition to the authorities granted by
the law, the following are waivers of law
and regulation that will be necessary for
implementation of the demonstration
project. In due course, additional laws
and regulations may be identified for
waiver request.
The following waivers and
adaptations of certain 5 U.S.C.
provisions are required only to the
extent that these statutory provisions
limit or are inconsistent with the actions
contemplated under this demonstration
project. Nothing in this plan is intended
to preclude the demonstration project
from adopting or incorporating any law
or regulation enacted, adopted, or
amended after the effective date of this
demonstration project.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
A. Waivers to Title 5, U.S.C.
Chapter 31, section 3111: Acceptance
of Volunteer Service. Amended to allow
for a Voluntary Emeritus Corps in
addition to student volunteers.
Chapter 31, section 3132: The Senior
Executive Service. Definitions and
Exclusions. Waived as necessary to
allow for Pay Band V for the E&S
occupational family.
Chapter 33, subchapter 1, section
3318(a): Competitive Service, Selection
from Certificate. Waived in its entirety
to eliminate the requirement for
selection using the ‘‘rule of three’’.
Chapter 33, section 3324:
Appointments to Positions Classified
Above GS–15. Waived the requirement
for OPM approval of appointments to
positions classified above GS–15.
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
Chapter 33, section 3341: Details.
Waived as necessary to extend the time
limits for details.
Chapter 41, section 4108 (a)–(c):
Waived to the extent necessary to
require the employee to continue in the
service of NSRDEC for the period of the
required service and to the extent
necessary to permit the Director,
NSRDEC, to waive in whole or in part
a right of recovery.
Chapter 43, section 4302: Waived to
the extent necessary to substitute ‘‘pay
band’’ for ‘‘grade.’’
Chapter 43, section 4303: Waived to
the extent necessary to (1) substitute
‘‘pay band’’ for ‘‘grade’’ and (2) provide
that moving to a lower pay band as a
result of not receiving the general pay
increase because of poor performance is
not an action covered by the provisions
of sections 4303 (a)–(d).
Chapter 43, section 4304(b)(1) and (3):
Responsibilities of the OPM. Waived in
its entirety to remove the
responsibilities of the OPM with respect
to the performance appraisal system.
Chapter 51, sections 5101–5112:
Classification. Waived as necessary to
allow for the demonstration project’s
pay banding system.
Chapter 53, sections 5301, 5302 (8)
and (9), 5303, and 5304: Pay
Comparability System. Waived to the
extent necessary to allow (1)
demonstration project employees to be
treated as GS employees, (2) basic rates
of pay under the demonstration project
to be treated as scheduled rates of pay,
and (3) employees in Pay Band V of the
E&S occupational family to be treated as
ST employees for the purposes of these
provisions.
Chapter 53, section 5305: Special Pay
Authority. Waived to the extent
necessary to allow for use of a staffing
PO 00000
Frm 00024
Fmt 4701
Sfmt 4703
supplement in lieu of the special pay
authority.
Chapter 53, sections 5331–5336: GS
Pay Rates. Waived in its entirety to
allow for the demonstration project’s
pay banding system and pay provisions.
Chapter 53, sections 5361–5366:
Grade and Pay Retention. Waived to the
extent necessary to: (1) Replace ‘‘grade’’
with ‘‘pay band;’’ (2) allow
demonstration project employees to be
treated as GS employees; (3) provide
that pay band retention provisions do
not apply to conversions from GS
special rates to demonstration project
pay, as long as total pay is not reduced,
to reductions in pay due solely to the
removal of a supervisory pay adjustment
upon voluntarily leaving a supervisory
position and to movements to a lower
pay band as a result of not receiving the
general pay increase due to a rating of
record of ‘‘Unacceptable;’’ (4) provide
that an employee on pay retention
whose rating of record is
‘‘Unacceptable’’ is not entitled to 50
percent of the amount of the increase in
the maximum rate of base pay payable
for the pay band of the employee’s
position; (5) provide that pay retention
does not apply to reduction in base pay
due solely to the reallocation of
demonstration project pay rates in the
implementation of a staffing
supplement; and (6) ensure that, for
employees of Pay Band V of the E&S
occupational family, pay retention
provisions are modified so that no rate
established under these provisions may
exceed the rate of base pay for GS–15,
step 10 (i.e., there is no entitlement to
retained rate). This waiver applies to ST
employees only if they move to a GSequivalent position within the
demonstration project under conditions
that trigger entitlement to pay retention.
E:\FR\FM\24DEN2.SGM
24DEN2
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
Chapter 55, section 5542(a)(1)–(2):
Overtime rates; computation. Waived to
the extent necessary to provide that the
GS–10 minimum special rate (if any) for
the special rate category to which a
project employee belongs is deemed to
be the ‘‘applicable special rate’’ in
applying the pay cap provisions in 5
U.S.C. 5542.
Chapter 55, section 5545(d):
Hazardous duty differential. Waived to
the extent necessary to allow
demonstration project employees to be
treated as GS employees. This waiver
does not apply to employees in Pay
Band V of the E&S occupational family.
Chapter 55, section 5547 (a)–(b):
Limitation on premium pay. Waived to
the extent necessary to provide that the
GS–15 maximum special rate (if any) for
the special rate category to which a
project employee belongs is deemed to
be the ‘‘applicable special rate’’ in
applying the pay cap provisions in
5 U.S.C. 5547.
Chapter 57, section 5753, 5754, and
5755: Recruitment and relocation,
bonuses, retention allowances, and
supervisory differentials. Waived to the
extent necessary to allow (1) employees
and positions under the demonstration
project to be treated as employees and
positions under the GS and (2)
employees in Pay Band V of the E&S
occupational family to be treated as ST
employees.
Chapter 59, section 5941: Allowances
based on living costs and conditions of
environment; employees stationed
outside continental U.S. or Alaska.
Waived to the extent necessary to
provide that cost-of-living allowances
paid to employees under the
demonstration project are paid in
accordance with regulations prescribed
by the President (as delegated to OPM).
Chapter 75, sections 7501(1),
7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii):
Adverse Actions—Definitions. Waived
to the extent necessary to allow for up
to a three-year probationary period and
to exclude from the definition of
employee, except for those with
veterans’ preference, those serving a
probationary period under an initial
appointment.
Chapter 75, section 7512(3): Adverse
actions. Waived to the extent necessary
to replace ‘‘grade’’ with ‘‘pay band.’’
Chapter 75, section 7512(4): Adverse
actions. Waived to the extent necessary
to provide that adverse action
provisions do not apply to (1)
conversions from GS special rates to
demonstration project pay, as long as
total pay is not reduced and (2)
reductions in pay due to the removal of
a supervisory or team leader pay
adjustment upon voluntary movement
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
to a non-supervisory or non-team leader
position.
B. Waivers to Title 5 CFR
Part 300, sections 300.601 through
605: Time-in-Grade restrictions. Waived
to eliminate time-in-grade restrictions in
the demonstration project.
Part 308, sections 308.101 through
308.103: Volunteer service. Waived to
allow for a Voluntary Emeritus Corps in
addition to student volunteers.
Part 315, sections 315.801(a),
315.801(b)(1), 315.801(c), 315.801(e)
and 315.802(a) and (b)(1): Probationary
period and length of probationary
period. Waived to the extent necessary
to allow for up to a three-year
probationary period and to exclude from
the definition of employee, except for
those with veterans’ preference, those
serving a probationary period under an
initial appointment.
Part 315, section 315.901: Statutory
requirement. Waived to the extent
necessary to replace ‘‘grade’’ with ‘‘pay
band.’’
Part 316, section 316.301: Purpose
and duration. Waived to the extent
necessary to allow for term
appointments for more than 4 years.
Part 316, section 316.303: Tenure of
term employees. Waived to the extent
necessary to allow term employees to
acquire competitive status.
Part 332, section 332.404: Order of
selection from certificates. Waived to
the extent necessary to eliminate the
requirement for selection using the
‘‘rule of three.’’ Part 335, section
335.103: Agency promotion programs.
Waived to the extent necessary to
extend the length of details and
temporary promotions without requiring
competitive procedures.
Part 337, section 337.101(a): Rating
applicants. Waived to the extent
necessary to allow referral without
rating when there are 15 or fewer
qualified candidates and no qualified
preference eligibles.
Part 351.402(b): Competitive area.
Waived to the extent necessary to allow
separate competitive areas for
demonstration and non-demonstration
project employees.
Part 351.403: Competitive level.
Waived to the extent necessary to
replace ‘‘grade’’ with ‘‘pay band.’’
Part 351, section 351.504: Credit for
performance. Waived as necessary to
revise the method for adding years of
service based on performance.
Part 351, section 351.701: Assignment
involving displacement. Waived to the
extent that bump and retreat rights are
limited to one pay band with the
exception of 30 percent preference
eligibles who are limited to two bands
PO 00000
Frm 00025
Fmt 4701
Sfmt 4703
68471
(or equivalent of five grades), and to
limit the assignment rights of employees
with an unacceptable current rating of
record to a position held by another
employee with an unacceptable rating of
record.
Part 410, section 410.309: Agreements
to continue in service. Waived to the
extent necessary to allow the NSRDEC
Director to determine requirements
related to continued service agreements.
Part 430, subpart B: Performance
Appraisal for GS, Prevailing Rate, and
Certain Other Employees. Waived to the
extent necessary to be consistent with
the demonstration project’s pay-forperformance system.
Part 432, Performance based
reduction in grade and removal actions:
Modified to the extent that an employee
may be removed, reduced in pay band
level with a reduction in pay, reduced
in pay without a reduction in pay band
level and reduced in pay band level
without a reduction in pay based on
unacceptable performance. Also,
modified to delete reference to critical
element. For employees who are
reduced in pay band level without a
reduction in pay, sections 432.105 and
432.106(a) do not apply.
Part 432, section 432.102: Coverage.
Waived to the extent that the term
‘‘grade level’’ is replaced with ‘‘pay
band.’’
Part 432, section 432.104: Addressing
unacceptable performance. References
to ‘‘critical elements’’ are deleted as all
elements are critical and adding that the
employee may be ‘‘reduced in pay band
level, or pay, or removed’’ if
performance does not improve to an
acceptable level during a reasonable
opportunity period.
Part 432, section 432.105(a)(2):
Proposing and taking action based on
unacceptable performance: Waive ‘‘If an
employee has performed acceptably for
1 year’’ to allow for ‘‘within two years
from the beginning of a PIP.’’
Part 511, subpart A: General
Provisions, and subpart B: Coverage of
the GS. Waived to the extent necessary
to allow for the demonstration project’s
classification and pay banding structure.
Part 511, section 511.601:
Applicability of regulations.
Classification appeals modified to the
extent that white collar positions
established under the project plan,
although specifically excluded from title
5, are covered by the classification
appeal process outlined in this section,
as amended below.
Part 511, section 511.603(a): Right to
appeal. Waived to the extent necessary
to substitute ‘‘pay band’’ for ‘‘grade.’’
Part 511, section 511.607(b): NonAppealable Issues. Add to the list of
E:\FR\FM\24DEN2.SGM
24DEN2
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
68472
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
issues that are neither appealable nor
reviewable, the assignment of series
under the project plan to appropriate
occupational families and the
demonstration project classification
criteria.
Part 530, subpart C: Special Rate
Schedules for Recruitment and
Retention. Waived in its entirety to
allow for staffing supplements.
Part 531, subpart B.: Determining Rate
of Basic Pay. Waived to the extent
necessary to allow for pay setting and
pay for performance under the
provisions of the demonstration project.
Part 531, subparts D and E: WithinGrade Increases, and Quality Step
Increases. Waived in its entirety.
Part 531, subpart F: Locality–Based
Comparability Payments. Waived to the
extent necessary to allow (1)
demonstration project employees,
except employees in Pay Band V of the
E&S occupational family, to be treated
as GS employees; (2) base rates of pay
under the demonstration project to be
treated as scheduled annual rates of pay;
and (3) employees in Pay Band V of the
E&S occupational family to be treated as
ST employees for the purposes of these
provisions.
Part 536: Grade and Pay Retention.
Waived to the extent necessary to (1)
replace ‘‘grade’’ with ‘‘pay band;’’ (2)
provide that pay retention provisions do
not apply to conversions from GS
special rates to demonstration project
pay, as long as total pay is not reduced,
and to reductions in pay due solely to
the removal of a supervisory pay
adjustment upon voluntarily leaving a
supervisory position; (3) allow
demonstration project employees to be
treated as GS employees; (4) provide
that pay retention provisions do not
apply to movements to a lower pay band
as a result of not receiving the general
increase due to an annual performance
rating of ‘‘Unacceptable;’’ (5) provide
that an employee on pay retention
whose rating of record is
‘‘Unacceptable’’ is not entitled to 50
percent of the amount of the increase in
the maximum rate of base pay payable
for the pay band of the employee’s
position; (6) ensure that for employees
of Pay Band V in the E&S occupational
family, pay retention provisions are
modified so that no rate established
under these provisions may exceed the
rate of base pay for GS–15, step 10 (i.e.,
there is no entitlement to retained rate);
and (7) provide that pay retention does
not apply to reduction in base pay due
solely to the reallocation of
demonstration project pay rates in the
implementation of a staffing
supplement. This waiver applies to ST
employees only if they move to a GS-
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
equivalent position within the
demonstration project under conditions
that trigger entitlement to pay retention.
Part 550, sections 550.105 and
550.106: Bi-weekly and annual
maximum earnings limitations. Wd to
the extent necessary to provide that the
GS–15 maximum special rate (if any) for
the special rate category to which a
project employee belongs is deemed to
be the ‘‘applicable special rate’’ in
applying the pay cap provisions in 5
U.S.C. 5547.
Part 550, section 550.703: Definitions.
Waived to the extent necessary to
modify the definition of ‘‘reasonable
offer’’ by replacing ‘‘two grade or pay
levels’’ with ‘‘one band level’’ and
‘‘grade or pay level’’ with ‘‘band level.’’
Part 550, section 550.902: Definitions.
Waived to the extent necessary to allow
demonstration project employees to be
treated as GS employees. This waiver
does not apply to employees in Pay
Band V of the E&S occupational family.
Part 575, subparts A, B, C, and D:
Recruitment Incentives, Relocation
Incentives, Retention Incentives and
Supervisory differentials. Waived to the
extent necessary to allow (1) employees
and positions under the demonstration
project covered by pay banding to be
treated as employees and positions
under the GS and (2) employees in Pay
Band V of the E&S occupational family
to be treated as ST employees for the
purposes of these provisions.
Part 591, subpart B: Cost-of-Living
Allowance and Post Differential—Nonforeign Areas. Waived to the extent
necessary to allow (1) demonstration
project employees to be treated as
employees under the GS and (2)
employees in Band V of the E&S
occupational family to be treated as ST
employees for the purposes of these
provisions.
Part 752, sections 752.101, 752.201,
752.301, and 752.401: Principal
statutory requirements and Coverage.
Waived to the extent necessary to allow
for up to a three-year probationary
period and to exclude from the
definition of employee, except for those
with veterans’ preference, those serving
a probationary period under an initial
appointment.
Part 752, section 752.401: Coverage.
Waived to the extent necessary to
replace ‘‘grade’’ with ‘‘pay band,’’ and to
provide that a reduction in pay band
level is not an adverse action if it results
from the employee’s rate of base pay
being exceeded by the minimum rate of
base pay for his/her pay band.
Part 752, section 752.401(a)(4):
Coverage. Waived to the extent
necessary to provide that adverse action
provisions do not apply to (1)
PO 00000
Frm 00026
Fmt 4701
Sfmt 4703
conversions from GS special rates to
demonstration project pay, as long as
total pay is not reduced and (2)
reductions in pay due to the removal of
a supervisory or team leader pay
adjustment upon voluntary movement
to a non-supervisory or non-team leader
position) or decreases in the amount of
a supervisory or team leader pay
adjustment based on the annual review.
Appendix A: NSRDEC Employees by
Duty Location (Totals Exclude SES, ST,
DCIPS, and FWS Employees)
The servicing personnel office for all
employees is the Natick CPAC, Northeast
Region, CHRA. Servicing Personnel Offices =
1.
Duty Location
NSRDEC
Employees
Natick, MA ..................................
Arlington, VA ...............................
Cambridge, MA ...........................
Fort Belvoir, VA ..........................
Fort Benning, GA ........................
Fort Bragg, NC ...........................
Fort Lee, VA ...............................
Fort Leonard Wood, MO ............
Fort Polk, LA ...............................
Haymarket, VA ...........................
London, England ........................
Lowell, MA ..................................
North Dartmouth, MA .................
Picatinny, NJ ...............................
Stafford, VA ................................
Tampa, FL ..................................
Tokyo, Japan ..............................
Total All Employees ....................
Appendix B: Occupational Series by
Occupational Family
I. Engineering & Science
0062 Clothing Design Series
0180 Psychology Series
0190 General Anthropology Series
0401 General Natural Resources
Management and Biological Sciences
Series
0403 Microbiology Series
0413 Physiology Series
0630 Dietician and Nutritionist Series
0801 General Engineering Series
0803 Safety Engineering Series
0806 Materials Engineering Series
0810 Civil Engineering Series
0830 Mechanical Engineering Series
0850 Electrical Engineering Series
0854 Computer Engineering Series
0855 Electronics Engineering Series
0861 Aerospace Engineering Series
0893 Chemical Engineering Series
0896 Industrial Engineering Series
1301 General Physical Science Series
1310 Physics Series
1320 Chemistry Series
1382 Food Technology Series
1384 Textile Technology Series
1515 Operations Research Series
1520 Mathematics Series
1530 Statistics Series
1550 Computer Science Series
E:\FR\FM\24DEN2.SGM
24DEN2
694
1
1
1
2
1
1
1
1
1
1
2
1
1
1
1
1
712
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
II. Business/Technical
0201 Human Resources Management Series
0301 Miscellaneous Administration and
Program Series
0340 Program Management Series
0343 Management and Program Analysis
Series
0346 Logistics Management Series
0501 Financial Administration and Program
Series
0510 Accounting Series
0560 Budget Analysis Series
0802 Engineering Technician Series
0856 Electronics Technician Series
0905 General Attorney Series
0950 Paralegal Specialist Series
1001 General Arts and Information Series
1060 Photography Series
1071 Audiovisual Production Series
1082 Writing and Editing Series
1083 Technical Writing and Editing Series
1084 Visual Information Series
1101 General Business and Industry Series
1102 Contracting Series
1150 Industrial Specialist Series
1222 Patent Attorney
1311 Physical Science Technician Series
1410 Librarian Series
1670 Equipment Services Series
2210 Information Technology Management
Series
III. General Support
0181 Psychology Aid and Technician Series
0203 Human Resources Assistant Series
0303 Miscellaneous Clerk and Assistant
Series
0318 Secretary Series
0326 Office Automation Clerical and
Assistance Series
0344 Management Clerical and Assistance
Series
0503 Financial Clerical and Technician
Series
0525 Accounting Technician Series
0561 Budget Clerical and Assistance Series
0986 Legal Assistance Series
1087 Editorial Assistance Series
1411 Library Technician Series
2005 Supply Clerical and Technician Series
Appendix C: Performance Elements
Each performance element is assigned a
minimum weight. The total weight of all
elements in a performance plan must equal
100. The supervisor assigns each element a
weight represented as a percentage of the 100
Intervention
1. Technical Competence
The extent to which an employee
demonstrates: The technical knowledge,
skills, abilities and initiative to: Produce the
quality and quantity of work as defined in
individual performance objectives and
assigned tasks; innovation and improvement
in addressing technical challenges, sound
decisions and recommendations that get the
desired results; the ability to solve technical
problems; initiative to maintain/increase
their technical skills through professional
growth, training and/or developmental/
special assignments. Minimum Weight: 15%.
2. Interpersonal Skills
The employee’s demonstrated ability to:
Provide or exchange ideas and information;
listen effectively so that resultant actions
show complete comprehension; coordinate
actions to include and inform appropriate
personnel of decisions and actions; be an
effective team player; be considerate of
differing viewpoints, exhibit willingness to
compromise on areas of difference for winwin solutions; exercise tact and diplomacy;
maintain effective relationships both within
and external to the organization; readily give
assistance and show appropriate respect and
courtesy. Minimum Weight: 10%.
3. Management of Time and Resources
The extent to which an employee
demonstrates ability to: Meet schedules/
milestones, prioritize/balance tasks, utilize
and, where appropriate, properly control
available resources (to include for
supervisors: Allocates/monitors resources
and equitably distributes work to
subordinates appropriately); execute contract
management responsibilities; respond to
changing requirements and re-direction;
create/implement new ideas to improve work
efficiencies. Minimum Weight: 15%.
4. Customer Satisfaction
The extent to which an employee:
Achieves customer and mission goals/
The extent to which a team/project leader:
Ensures that the organization’s/project’s
strategic plan, mission, vision and values are
communicated into the team/project plans,
products and services; provides guidance/
direction to organization/project personnel;
leads the team to achieve project objectives;
coordinates/balances workload among team/
project personnel; informs the supervisor of
team/project/individual work
accomplishments, problems, and training
needs; resolves simple, informal complaints,
informs supervisor of performance
management issues/problems. (Mandatory for
non-supervisory team leaders, optional for
project leaders and program managers.)
Minimum Weight: 15%.
6. Supervision and EEO
The extent to which a supervisor: Leads,
manages, plans, communicates and assures
implementation of strategic/operational goals
and objectives of the organization; develops
individual performance objectives, evaluates
performance, evaluates performance by
defining expectations, gives feedback and
provides recognition; initiates personnel
actions to recruit, select, promote and/or
reassign employees in a timely manner;
develops subordinates using positive
motivational techniques on job expectations,
training needs, and attainment of career
goals; recognizes and rewards quality
performance, takes corrective action to
resolve performance or conduct issues;
applies EEO and Merit Principles, and
creates a positive, safe and challenging work
environment; ensures appropriate internal
controls to prevent Fraud, waste or abuse and
safeguards assigned property/resources.
(Mandatory for managers/supervisors).
Minimum Weight: 25%.
Appendix D: Intervention Model
Increased organizational flexibility
Reduced administrative workload,
paper work reduction.
Advanced in-hire rates .................
Perceived flexibility .......................
Actual/perceived time savings ......
Increased satisfaction with advancement.
Increased pay satisfaction ............
15:26 Dec 23, 2009
5. Team/Project Leadership
Measures
Slower pay progression at entry
levels.
Increased pay potential ................
VerDate Nov<24>2008
objectives; provides acceptable solutions/
ideas in response to customer needs;
understands and manages customers’
expectations, constraints and sensitivities;
demonstrates customer care through
facilitating, responsive, courteous and
reliable actions; promotes relationships of
trust and respect; markets to potential
customers/develops new customers and
programs within the scope of job
responsibility. Minimum Weight: 10%.
Expected effects
1. Compensation:
a. Pay banding .......................
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
in accordance with individual duties/
responsibilities objectives and the
organization’s mission and goals. All
employees will be rated against the first four
performance elements listed below. Those
employees whose duties require team leader
responsibilities will be rated on element 5.
All managers/supervisors will be rated on
element 6.
Jkt 220001
PO 00000
Frm 00027
Fmt 4701
Data sources
Starting salaries of banded v.
non-banded employees.
Progression of new hires over
time by band, career path.
Mean salaries by band, group,
demographics.
Total payroll costs ........................
Employee perceptions of advancement.
Pay satisfaction, internal/external
equity.
Sfmt 4703
68473
E:\FR\FM\24DEN2.SGM
Attitude survey.
Personnel office data, PME
results, attitude survey
Workforce data.
Workforce data.
Workforce data.
Personnel office data.
Attitude survey.
Attitude survey.
24DEN2
68474
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
Intervention
Expected effects
Measures
Improved recruitment ....................
Offer/acceptance ratios; Percent
declinations.
Employee perceptions of equity,
fairness.
Cost as a percent of payroll .........
Perceived motivational power ......
Personnel office data.
Reward/motivate performance .....
Perceived motivational power ......
Attitude survey.
To support fair and appropriate
distribution of awards.
Amount and number of awards by
group, demographics.
Perceived fairness of awards .......
Satisfaction with monetary awards
Perceived pay-performance link ...
Workforce data.
Perceived fairness of ratings ........
Satisfaction with ratings ................
Employee trust in supervisors ......
Adequacy of performance feedback.
Turnover by performance rating
scores.
Attitude
Attitude
Attitude
Attitude
Pay progression by performance
scores, career path.
Linkage of performance objectives
to strategic plans/goals.
Workforce data.
Perceived involvement .................
Attitude survey/focus groups.
Performance management ...........
Employee and supervisor perceptions of revised procedures.
Perceived fairness of process ......
Feedback and coaching procedures used.
Personnel regulations.
Attitude survey.
b. Conversion buy-in ...............
Employee acceptance ..................
c. Pay differentials/ .................
adjustments ............................
2. Performance Management:
a. Cash awards/ .....................
bonuses ..................................
Increased incentive to accept supervisory/team leader positions.
b. Performance based pay
progression.
Increased pay-performance link ...
Improved performance feedback ..
Decreased turnover of high performers/Increased turnover of
low performers.
Differential pay progression of
high/low performers.
Alignment of organizational and
individual performance objectives and results.
Increased employee involvement
in performance planning and
assessment.
c. New appraisal process .......
Reduced administrative burden ....
d. Performance development
Improved communication .............
Better communication of performance expectations.
Improved satisfaction and quality
of workforce.
Data sources
Time, funds spent on training by
demographics.
Perceived workforce quality .........
Attitude survey.
Workforce data.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
survey.
survey.
survey
survey.
Workforce data.
Performance objectives, strategic
plans.
Focus groups.
Focus groups.
Personnel office data.
Training records.
Attitude survey.
3. ‘‘White Collar’’ Classification:
a. Improved classification sys- Reduction in amount of time and
tems with generic standards.
paperwork spent on classification.
Time spent on classification procedures.
Personnel office data.
Personnel office data.
Ease of use ..................................
Reduction of paperwork/number
of personnel actions (classification/promotion).
Managers’ perceptions of time
savings, ease of use.
Perceived authority .......................
Number of classification disputes/
appeals pre/post.
Management satisfaction with
service provided by personnel
office.
Internal pay equity ........................
Personnel records.
Assignment flexibility ....................
Focus groups, surveys.
Perceived internal mobility ...........
Perceived pay equity ....................
Supervisory/non-supervisory
ratios.
Attitude survey.
Attitude survey.
Workforce data.
b. Classification authority delegated to managers.
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
c. Dual career ladder ..............
Increased supervisory authority/
accountability.
Decreased conflict between management and personnel staff.
No negative impact on internal
pay equity.
Increased flexibility to assign employees.
Improved internal mobility ............
Increased pay equity ....................
Flatter organization .......................
Improved quality of supervisory
staff.
Employee perceptions of quality
or supervisory.
Minimize loss of high performing
employees with needed skills.
Separated employees by demographics, performance scores.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
4. Modified RIF:
Workforce data.
Attitude survey/focus group.
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
PO 00000
Frm 00028
Fmt 4701
Sfmt 4703
E:\FR\FM\24DEN2.SGM
24DEN2
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Notices
Intervention
68475
Expected effects
Contain cost and disruption ..........
5. Hiring Authority:
a. Delegated Examining .........
Measures
Satisfaction with RIF Process ......
Cost comparison of traditional vs.
Modified RIF.
Time to conduct RIF-personnel office data.
Number of Appeals/reinstatements.
Attitude survey/focus group.
Personnel office/budget data.
Perceived flexibility in authority to
hire.
Offer/accept ratios ........................
Attitude survey.
Percent declinations .....................
Timeliness of job offers ................
GPAs of new hires, educational
levels.
Actual/perceived skills ..................
Personnel office data.
Personnel office data.
Personnel office data.
Number/percentage of conversions from modified term to permanent appointments.
.......................................................
Average conversion period to permanent status.
Workforce data.
Improved ease and timeliness of
hiring process.
Improved recruitment of employees in shortage categories.
b. Term Appointment Authority
Reduced administrative workload/
paperwork reduction.
Increased capability to expand
and contract workforce.
c. Flexible Probationary Period
Expanded employee assessment
Data sources
Number/percentage of employees
completing probationary period.
Number of separations
probationary period.
during
Personnel office data.
Personnel office data.
Personnel office data.
Attitude survey.
Personnel office data.
Workforce data.
Personnel office data.
Workforce data.
Personnel office data.
Workforce data.
Personnel office data.
6. Expanded Development Opportunities:
a. Sabbaticals .........................
b. Critical Skills Training .........
Expanded range of professional
growth and development.
Application of enhanced knowledge and skills to work product.
Improved organizational effectiveness.
Number and type of opportunities
taken.
Employee and supervisor perceptions.
Number and type of training .........
Workforce data.
Attitude survey.
Personnel office data.
Placement of employees, skills
imbalances corrected.
Employee and supervisor perceptions.
Application of knowledge gained
from training.
7. Combination Of All Interventions:
All ............................................
Improved organizational effectiveness.
Improved management of workforce.
Improved planning ........................
Improved cross functional coordination.
Increased product success ...........
Cost of innovation .........................
Personnel office data.
Combination of personnel measures.
Employee/Management job satisfaction (intrinsic/extrinsic).
Planning procedures .....................
Perceived effectiveness of planning procedures.
Actual/perceived coordination ......
All data sources.
Customer satisfaction ...................
Project training/development costs
(staff salaries, contract cost,
training hours per employee).
Attitude survey.
Attitude survey/focus group.
Attitude survey.
Strategic planning documents.
Attitude survey.
Organizational charts.
Customer satisfaction surveys.
Demo project office records
wwoods2 on DSK1DXX6B1PROD with NOTICES-PART 2
Contract documents.
8. Context:
Regionalization .......................
Reduced servicing ratios/costs .....
No negative impact on service
quality.
HR servicing ratios .......................
Average cost per employee
served.
Service quality, timeliness ............
Personnel office data, workforce
data.
Personnel office data, workforce
data.
Attitude survey/focus groups.
BILLING CODE 5001–06–P
[FR Doc. E9–30478 Filed 12–23–09; 8:45 am]
VerDate Nov<24>2008
15:26 Dec 23, 2009
Jkt 220001
PO 00000
Frm 00029
Fmt 4701
Sfmt 4703
E:\FR\FM\24DEN2.SGM
24DEN2
Agencies
[Federal Register Volume 74, Number 246 (Thursday, December 24, 2009)]
[Notices]
[Pages 68448-68475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30478]
[[Page 68447]]
-----------------------------------------------------------------------
Part II
Department of Defense
-----------------------------------------------------------------------
Office of the Secretary
-----------------------------------------------------------------------
Science and Technology Reinvention Laboratory Personnel Management
Demonstration Project, Department of the Army, Army Research,
Development and Engineering Command, Natick Soldier Research,
Development and Engineering Center (NSRDEC); Notice
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 /
Notices
[[Page 68448]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Science and Technology Reinvention Laboratory Personnel
Management Demonstration Project, Department of the Army, Army
Research, Development and Engineering Command, Natick Soldier Research,
Development and Engineering Center (NSRDEC)
AGENCY: Office of the Deputy Under Secretary of Defense (Civilian
Personnel Policy), (DUSD (CPP)), Department of Defense (DoD).
ACTION: Notice of approval of a demonstration project final plan.
-----------------------------------------------------------------------
SUMMARY: Section 342(b) of Public Law 103-337, as amended, authorizes
the Secretary of Defense to conduct personnel demonstration projects at
Department of Defense (DoD) laboratories designated as Science and
Technology Reinvention Laboratories (STRLs). The above-cited
legislation authorizes DoD to conduct demonstration projects to
determine whether a specified change in personnel management policies
or procedures would result in improved Federal personnel management.
Section 1107 of Public Law 110-181 as amended by section 1109 of Public
Law 110-417 requires the Secretary of Defense to execute a process and
plan to employ the Department's personnel management demonstration
project authorities found in title 5 United States Code (U.S.C.) 4703
at the STRLs enumerated in 5 U.S.C. 9902(c)(2) as re-designated in
section 1105 of Public Law 111-84 and 73 Federal Register (FR) 73248 to
enhance the performance of these laboratories. The NSRDEC is listed as
one of the designated STRLs.
DATES: Implementation of this demonstration project will begin no
earlier than February 1, 2010.
FOR FURTHER INFORMATION CONTACT:
NSRDEC: Ms. Karen Sullivan, Natick Soldier Research, Development and
Engineering Center, (RDNS-BOW), Kansas Street, Natick, MA 01760, (508)
233-4479.
DoD: Ms. Betty A. Duffield, CPMS-PSSC, Suite B-200, 1400 Key Boulevard,
Arlington, VA 22209-5144
SUPPLEMENTARY INFORMATION:
1. Background
Since 1966, many studies of Department of Defense (DoD)
laboratories have been conducted on laboratory quality and personnel.
Almost all of these studies have recommended improvements in civilian
personnel policy, organization, and management. Pursuant to the
authority provided in section 342(b) of Public Law 103-337, as amended,
a number of DoD STRL personnel demonstration projects were approved.
These projects are ``generally similar in nature'' to the Department of
Navy's ``China Lake'' Personnel Demonstration Project. The terminology,
``generally similar in nature,'' does not imply an emulation of various
features, but rather implies a similar opportunity and authority to
develop personnel flexibilities that significantly increase the
decision authority of laboratory commanders and/or directors.
This demonstration project involves: (1) Two appointment
authorities (permanent and modified term); (2) extended probationary
period for newly hired engineering and science employees; (3) pay
banding; (4) streamlined delegated examining; (5) modified reduction-
in-force (RIF) procedures; (6) simplified job classification; (7) a
pay-for-performance based appraisal system; (8) academic degree and
certificate training; (9) sabbaticals; and (10) a Voluntary Emeritus
Corps.
2. Overview
DoD published notice in 73 FR 73248, December 2, 2008, that
pursuant to subsection 1107(c) of Public Law 110-181 the three STRLs
listed in 5 U.S.C. 9902(c)(2) as re-designated in section 1105 of
Public Law 111-84 not having personnel demonstration projects may adopt
any of the flexibilities of the other laboratories listed in subsection
9902(c)(2) as re-designated in section 1105 of Public Law 111-84 and
further provided notice of the proposed adoption of an existing STRL
demonstration project by two centers under the United States (U.S.)
Army Research, Development and Engineering Command (RDECOM): Edgewood
Chemical Biological Center (ECBC) and NSRDEC. The notice indicated that
these two centers intended to adopt the STRL Personnel Management
Demonstration project designed by the U.S. Army Communications-
Electronics Command, Research, Development, and Engineering
organizations (a reorganization changed this designation to the U. S.
Army Communications-Electronics Research, Development and Engineering
Center (CERDEC)). Relative to NSRDEC's intent to adopt the CERDEC
demonstration project, DoD received written comments from 5
individuals, including a union official, during the public comment
period which ended on January 2, 2009. In addition, one individual
provided comments after the close of the comment period. All comments
were carefully considered. The comments received after the close of the
comment period are not included in the summary below, but were
discussed with the individual who provided the comments.
The following summary addresses the pertinent comments received,
provides responses, and notes resultant changes to the original CERDEC
project plan published in 66 FR 54872, October 30, 2001. Several
commenters addressed more than one topic and each topic was counted
separately. Thus, the total number of comments exceeds the number of
individuals cited above.
A. Miscellaneous
Four miscellaneous comments were received.
Comments: Two commenters provided favorable comments on the
expected benefits to NSRDEC as a result of the demonstration project
and on the value of pay banding to retain and reward high performers.
Two other comments reflected the need to make revisions and other
adjustments in the document to reflect NSRDEC and its workforce and to
make other updates for legal and regulatory changes that have occurred.
Response: A number of changes were made to include NSRDEC as the
name of the organization, its organizational and workforce information,
approval authorities, and technical modifications to conform to changes
in the law and governing regulations. In addition, some sections have
been reformatted for clarity and to improve readability. Throughout the
document changes have been made to clarify and provide consistent use
of pay terminology. Minor revisions have been made to Appendix C,
Performance Elements, to be consistent with the descriptions currently
in use by CERDEC.
B. Pay Bands
Two comments were received concerning pay bands.
Comments: One commenter advised that reconsideration be given to
initial placement of all GS-14 engineers and scientists to the
Engineering and Scientist (E&S) (DB) Pay Band IV and requested
clarification of how any subsequent conversions for GS-14 E&S positions
will be handled. Another comment suggested that the number of Pay Band
V positions be expanded to permit a certain number or percent at each
STRL since the current limited number has already been allocated to
other organizations which would preclude NSRDEC from using this
flexibility.
[[Page 68449]]
Response: We have carefully considered these comments. With regard
to placement of GS-14 E&S, language has been changed in III.A.1. and
added in III.A.2. to reflect that upon conversion NSRDEC employees in
the E&S family at grade GS-14 will be assigned to Pay Band IV.
In response to the second comment, the use of Pay Band V has proven
to be beneficial in recruiting and retaining highly-qualified senior
scientific technical managers in those STRL personnel demonstration
projects that have such positions. The limited number of such positions
makes it difficult to meet the requirements of all the STRLs who wish
to use this flexibility. The DoD is currently reviewing all Pay Band V
positions. No change is proposed in the number of Pay Band V positions
pending the completion of the DoD review.
C. Pay for Performance
Five comments were received related to the pay-for-performance
system.
Comments: One commenter expressed concern that performance and pay
related decisions of supervisors could be personality-driven and that
employees did not have sufficient trust in their supervisors to
increase the authority of supervisors to make pay-related decisions.
Another commenter expressed concern that pay for performance will
undermine organizational performance. The commenter has not been able
to identify performance management experts that support rating/ranking
of employees. The commenter emphasized the importance of assuring that
performance objectives provide a consistent level of challenge and
urged adding a level of employee oversight for balance. Another
commenter considered that the proposed system is no less subjective
than the present system. Finally, another commenter was concerned that
adoption of the demonstration project pay-for-performance system would
adversely affect mobilized reservists and guardsmen.
Response: As cited by the commenter, a recent Merit Systems
Protection Board survey suggests that, across the Federal government, a
number of survey respondents lack trust that their supervisors will
treat them fairly. Workforce support is crucial to the success of the
demonstration project, and a concerted effort will be made to build
trust and confidence in the demonstration project. On-going
communication with the workforce is eliciting their opinions. A cross-
section of employees participate in a Workforce Advisory Group and are
actively involved in identifying training needs and developing
operating procedures. Training in the pay-for-performance system and
other aspects of the demonstration project will be mandatory for all
supervisors. The use of a structured reconciliation process to
determine performance payouts will facilitate enhancing fairness and
consistency. The process provides for raters to conduct a review,
comparing preliminary scores and building consensus to achieve
consistent ratings across the pay pool. Finally, perceived fairness of
the appraisal process has been identified as an area for evaluation and
will be included in surveys of the workforce and focus group
discussions with employees. An annual report with a thorough review and
analysis of the pay-for-performance cycle will be published to assist
in providing greater transparency. Active outreach combined with the
structured reconciliation process and transparency will help to build
the trust necessary for successful implementation.
Improving organizational effectiveness is the driving goal
supporting implementation of the laboratory personnel demonstration
project. The Office of Personnel Management (OPM), in its independent
evaluation of STRL personnel demonstration projects, found a limited
but positive impact of implementation of a demonstration project on
laboratory effectiveness. All STRL demonstration projects include a
pay-for-performance system as a means to achieve improved
organizational effectiveness. Though there are difficulties with
performance reviews, such reviews are a mainstream practice,
commonplace within the private, non-profit and public sectors.
Performance appraisal is specifically required by 5 U.S.C. chapter 43.
Demonstration projects build on this requirement by increasing the link
between pay and performance. Survey results indicate that, after
implementation of a demonstration project, many more respondents agree
that pay raises depend on performance. The pay-for-performance system
is an integral component of a demonstration project's more flexible and
responsive human resources system. The design of the NSRDEC pay-for-
performance system will increase and improve communication between the
supervisor and the rater during the rating cycle, provide for alignment
of performance objectives with organizational goals and objectives, and
use features such as a workforce survey to gauge the effectiveness and
level of support for pay for performance.
There is a need to assure an appropriate level of challenge in
performance objectives across the NSRDEC organization. In the current
system, preparing performance objectives has traditionally been a
matter between the rater and the employee. Some efforts have been made
to review objectives within an individual directorate and training has
been provided on what is a ``good'' objective. The demonstration
project will serve to improve consistency across the organization. All
supervisors will have mandatory pay-for-performance training that will
include writing performance objectives. The NSRDEC Workforce Advisory
Group has taken a key interest in improving performance objectives and
will help to develop sample performance objectives. The sample
objectives will be linked to occupational family and pay band. At the
start of the first performance cycle, the raters within a pay pool and
the pay pool manager will review and provide feedback on performance
objectives. The pay pool manager will review the objectives and weights
assigned to employees within the pay pool to verify consistency and
appropriateness. These efforts should significantly improve consistency
and equity in performance expectations within NSRDEC.
Some level of subjectivity is inherent in performance appraisal
systems. Additional features of the pay-for-performance system will
serve to facilitate understanding of performance expectations and to
limit bias and favoritism. Improved communication throughout the rating
cycle serves to help build a common understanding of performance
expectations and to make progress toward achieving those expectations.
This, plus the structured, thorough review process, improves the
likelihood for consistency and equity in the ratings. Major design
features of the rating system are intended to overcome perceptions of
favoritism and limited differentiation among ratings. The automated
``Performance Evaluation Tool'' helps assure that objectives are in
place on a timely basis, accomplishments are recorded, and
communication related to performance is on-going. The pay-for-
performance system uses standard performance elements and performance
benchmarks to evaluate employee performance that supports the mission,
allows managers to make meaningful performance distinctions, considers
current pay in making performance-based pay decisions and provides
information to employees about the results of the appraisal process and
pay decisions. At
[[Page 68450]]
the end of the rating period, employees provide their accomplishments.
Following the initial scoring of each employee, raters in an
organizational unit along with their next level of supervision meet to
ensure consistency and equity of the ratings. Through discussion and
consensus building, consistent and equitable ratings are determined
based on similar level of performance, level of work and level of base
pay. This improves upon the current performance appraisal system where
there are only brief performance standards described for the fully
successful level and rating is typically done by a supervisor with
review and approval by a senior rater.
Finally, adoption of the demonstration project and its pay-for-
performance system must meet the requirements of the Uniformed Services
Employment and Reemployment Rights Act. Operating procedures will
provide a mechanism for mobilized employees to receive a presumed
performance rating of record that will permit base pay increases and/or
bonuses. As is done under other pay-for-performance systems, operating
procedures will require use of the most recent or average rating or
record over a specified period, use of modality ratings or other
mechanism to assure that mobilized employees who are unable to be rated
receive the base pay increases that could have been received except for
the mobilization.
D. Pay Pool Funding
Two comments were received related to pay pool funding.
Comments: A commenter recommended revising the pay pool percentage
factor to be a minimum of 2.0 percent for base pay funding and 1
percent for bonus. Another commenter recommended that locality pay not
be included in the pay pool funding.
Response: The recommendation to set a minimum of 2 percent for the
base and 1 percent for the bonus has been accepted. The general pay
increase (including locality pay) is not included in the pay pool
funding.
E. Extraordinary Achievement Award
Two comments were received related to the Extraordinary Achievement
Recognition.
Comments: One commenter suggested that the Extraordinary
Achievement Recognition language be moved to a separate section since
it is considered after and separate from the pay pool payout process.
The same commenter also proposed that the Extraordinary Achievement
Recognition language be revised to allow for bonus as an alternative to
granting a base pay increase since capped employees would be precluded
from receiving this recognition.
Response: While an Extraordinary Achievement Recognition is
considered after the pay pool payout process, it is not entirely
separate from the process itself. Following the performance evaluation
process, the pay pool manager is the agent who requests permission from
the Personnel Management Board to grant a base pay increase higher than
the one generated by the compensation formula for that employee.
However, senior management is in agreement that a separate paragraph
would clarify the intent and process for the Extraordinary Achievement
Recognition and has moved the provision to a separate paragraph in
III.C.9. ``Base Pay Increases and Bonuses''.
As to the second comment, language has been added to the new
section at III.C.9., referenced above, allowing for the option to grant
either a base pay increase and/or a bonus as an Extraordinary
Achievement Recognition. This permits employees whose base pay is at
the maximum of their pay band to receive this recognition.
F. Pay
Three comments were received related to pay setting.
Comments: One commenter suggested relieving pay compression by
providing additional waivers to permit full locality payment, changing
supervisory/team leader pay adjustments and pay differentials to
provide up to 10 percent for team leaders, and providing a pay increase
of up to a defined amount when a person moves to a position of greater
responsibility (reassignment) within the same pay band.
Response: There is concern that individuals whose base pay is at
the higher end of the GS-15 base pay range do not receive their full
locality pay. This situation also occurs within the demonstration
project since both DB IV and DE IV are linked to a range of GS base pay
with a cap equivalent to the GS-15, step 10, base pay rate. However,
increasing the maximum base pay for GS-15 equivalent pay bands will
create a compensation imbalance with individuals in Scientific and
Professional and Senior Executive Service positions. This locality cap
issue is being examined at higher levels; therefore no change is
proposed.
The suggestion to increase the maximum for team leader base pay
adjustments and differentials from 5 percent to 10 percent was
considered. However, the decision was made to retain a distinction in
the amount of adjustment or differential that could be provided for
team leaders versus supervisors.
Finally consideration was given to permitting a base pay increase
upon reassignment. Since broad pay bands include positions of varying
complexity and responsibility, a base pay increase would provide
incentive to encourage employees to accept positions of greater
responsibility in the same pay band. Therefore, language has been added
at III.F.5. to address this issue and to define ``reassignment'' in
III.E.2. A reassignment may be effected without a change in base pay.
However, a base pay increase may be granted where a reassignment
significantly increases the complexity, responsibility, authority or
for other compelling reasons. Such an increase is subject to the
specific rules established by the Personnel Management Board.
G. Awards
One comment was received related to incentive awards.
Comment: One commenter suggested use of an employee oversight board
as a means to achieve consistency across the NSRDEC in the use of
incentive awards.
Response: Awards (such as the traditional 5 U.S.C. special act, on-
the-spot, and time-off) are not linked to the pay-for-performance
system and will continue as a means to reward individuals and groups
for their achievements and as an incentive for superior performance.
Review and assessment of the use of these awards will continue
following current practice.
H. Promotion
Comment: One comment was received related to the minimum
performance score required for promotion eligibility.
Response: One commenter suggested lowering the minimum performance
score required for eligibility for promotion. The FR requires a
performance score of 30 or higher for promotion eligibility. But,
scores of 10 and higher are acceptable, with scores of 21 and higher
earning a performance payout. Setting a minimum score of 30 for
promotion sets the requirement higher than the score for a performance
payout and may discourage the use of scores in the 21 to 29 range.
Accordingly, a score of 21 is set as the minimum requirement for
promotion.
I. Period
One comment was received related to probationary periods.
[[Page 68451]]
Comment: One commenter advised that a recent court decision limited
the intent of the extended probationary period.
Response: The extended probationary period applies to newly hired
engineers and scientists. Its purpose is to allow the supervisor a
sufficient period of time to fully evaluate an employee's performance
and conduct. The extended probationary period of up to three years
allows supervisors sufficient time to properly, objectively and
completely evaluate an employee's performance and conduct. Probationary
employees whose conduct and/or performance is unsatisfactory may be
terminated in accordance with the procedures in 5 Code of Federal
Regulations (CFR) part 315. However, a recent court decision has
extended adverse action procedural and substantive protections to
individuals defined as employees without regard to whether the
individuals are serving a probationary period. To permit termination
during the probationary period without using adverse action procedures,
waivers have been added under IX. Required Waivers to Law and
Regulation to allow for up to a three-year probationary period and to
remove from the definition of employee, except for those with veterans'
preference, those serving a probationary period under an initial
appointment who do not have veterans' preference
J. Reduction in Force
One comment was received related to reduction in force.
Comment: One commenter expressed concern that the implementation of
a laboratory demonstration project for NSRDEC would result in separate
competitive areas for employees who work at various installations co-
located with NSRDEC at the Natick Soldier Systems Center (NSSC).
Response: The implementation of a demonstration project at NSRDEC
will not affect the determination of separate competitive areas for the
distinct organizations located at NSSC. To the extent that the
organizations located at NSSC are distinct organizations with separate
command structures, there would be separate competitive areas in the
event of a RIF in one of these organizations.
K. Conversion
One comment was received related to conversion of interns into the
demonstration project.
Comment: One commenter recommended that conversion of interns into
the demonstration project occur when the employees reach their full
performance level for their GS position.
Response: Interns typically receive several career promotions prior
to reaching their full performance level. Average base pay for
performance payouts may not provide increases as substantial as career
promotions under the GS. Delaying conversion into the demonstration
project pay bands until an intern reaches full performance level will
assure that the intern's base pay is commensurate with the full
performance level base pay. Therefore, the language at II.E. has been
revised to reflect that interns will not convert into demonstration pay
bands until they reach their full performance level.
3. Access to Flexibilities of Other STRLs
Flexibilities published in this Federal Register shall be available
for use by all STRLs listed in section 9902(c)(2) of title 5, United
States Code, if they wish to adopt them in accordance with DoD
Instruction 1400.37; pages 73248 to 73252 of volume 73, Federal
Register; and the fulfilling of any collective bargaining obligations.
Dated: December 17, 2009.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
Table of Contents
I. Executive Summary
II. Introduction
A. Purpose
B. Problems With the Present System
C. Changes Required/Expected Benefits
D. Participating Organizations
E. Participating Employees and Union Representation
F. Project Design
G. Personnel Management Board
III. Personnel System Changes
A. Pay Banding
B. Classification
C. Pay for Performance
D. Hiring Authority
E. Internal Placement
F. Pay Setting
G. Employee Development
H. Reduction-in-Force Procedures
IV. Implementation Training
V. Conversion
A. Conversion to the Demonstration Project
B. Conversion Out of the Demonstration Project
C. Personnel Administration
D. Automation
E. Experimentation and Revision
VI. Project Duration
VII. Evaluation Plan
A. Overview
B. Evaluation Model
C. Evaluation
D. Method of Data Collection
VIII. Demonstration Project Costs
A. Cost Discipline
B. Developmental Costs
IX. Required Waivers to Law and Regulation
A. Waivers To Title 5 U.S.C.
B. Waivers To Title 5 CFR
Appendix A: NSRDEC Employees by Duty Locations
Appendix B: Occupational Series by Occupational family
Appendix C: Performance Elements
Appendix D: Intervention Model
I. Executive Summary
This project adopts with some modifications the STRL personnel
management demonstration project, designed by the U.S. Army
Communications-Electronics Command (CECOM), Research, Development and
Engineering (RDE) organizations, with participation and review by the
Department of the Army (DA) and DoD to the U.S. Army RDECOM, NSRDEC.
After implementation of the CECOM RDE demonstration project, CECOM
reorganized. Its laboratory, the Communications-Electronics Research,
Development, and Engineering Center (CERDEC), was realigned under
RDECOM. At the same time, the NSRDEC was also realigned under RDECOM.
The NSRDEC includes the NSRDEC organization at the Natick Soldier
Systems Center site, NSRDEC employees matrixed to Program/Project/
Product Management Offices (e.g., PM-Force Sustainment Systems, and PM-
Clothing and Individual Equipment) as well as NSRDEC employees with
duty stations at other sites.
The NSRDEC, located at Natick Soldier Systems Center (SSC) in
Natick, Massachusetts, conducts research, technology development,
testing and integration aimed at maximizing the individual soldier's
survivability, sustainability, mobility, combat effectiveness and
quality of life by treating the soldier as a system. The NSRDEC major
product lines are: rations, clothing, equipment, shelters, airdrop
systems, and soldier systems support items. The core capabilities of
the NSRDEC are centered on the technologies required by the soldier and
soldier support systems, to include biotechnology, anthropometry,
biomechanics, consumer research, textiles, fibers and materials, food
science, aerodynamics, and modeling and simulation. Integration of
these technologies remains the primary focus for modernizing the future
soldier, as well as Warrior Systems. The NSRDEC goal is simple:
``Provide America's soldiers with the best equipment in the world.'' To
achieve this goal, the NSRDEC organization must be able to hire, retain
and continually motivate enthusiastic, innovative, and highly-educated
scientists and engineers, supported by skilled business management and
administrative
[[Page 68452]]
professionals as well as a skilled administrative and technical support
staff.
The goal of the project is to enhance the quality and
professionalism of the NSRDEC workforce through improvements in the
efficiency and effectiveness of the human resource system. The project
interventions will strive to achieve the best workforce for the
mission, adjust the workforce for change, and improve workforce
satisfaction. This demonstration project extends the CERDEC
demonstration project to NSRDEC. The CERDEC project was built on the
concepts, and uses much of the same language, as the demonstration
projects developed by the Army Research Laboratory (ARL), the Aviation
and Missile Research, Development, and Engineering Center (AMRDEC), the
Navy's ``China Lake,'' and the National Institute of Standards and
Technology (NIST). The results of the project will be evaluated within
5 years of implementation.
II. Introduction
A. Purpose
The purpose of the project is to demonstrate that the effectiveness
of DoD STRLs can be enhanced by expanding opportunities available to
employees and by allowing greater managerial control over personnel
functions through a more responsive and flexible personnel system.
Federal laboratories need more efficient, cost effective, and timely
processes and methods to acquire and retain a highly creative,
productive, educated, and trained workforce. This project, in its
entirety, attempts to improve employees' opportunities and provide
managers, at the lowest practical level, the authority, control, and
flexibility needed to achieve the highest quality organization and hold
them accountable for the proper exercise of this authority within the
framework of an improved personnel management system.
Many aspects of a demonstration project are experimental.
Modifications may be made from time to time as experience is gained,
results are analyzed, and conclusions are reached on how the system is
working. The provisions of this project plan will not be modified, or
extended to individuals or groups of employees not included in the
project plan without the approval of the ODUSD(CPP). The provisions of
DoDI 1400.37, are to be followed for any modifications, adoptions, or
changes to this demonstration project plan.
B. Problems With the Present System
The current Civil Service General Schedule (GS) system has existed
in essentially the same form since the 1920's. Work is classified into
one of fifteen overlapping pay ranges that correspond with the fifteen
grades. Base pay is set at one of those fifteen grades and the ten
interim steps within each grade. The Classification Act of 1949 rigidly
defines types of work by occupational series and grade, with very
precise qualifications for each job. This system does not quickly or
easily respond to new ways of designing work and changes in the work
itself.
The performance management model that has existed since the passage
of the Civil Service Reform Act has come under extreme criticism.
Employees frequently report there is inadequate communication of
performance expectations and feedback on performance. There are
perceived inaccuracies in performance ratings with general agreement
that the ratings are inflated and often unevenly distributed by grade,
occupation and geographic location.
The need to change the current hiring system is essential as NSRDEC
must be able to recruit and retain scientific, engineering,
acquisition, skilled technical, and other professional, administrative
and support employees. The NSRDEC must be able to compete with the
private sector for the best talent and be able to make job offers in a
timely manner with the attendant bonuses and incentives to attract high
quality employees.
Finally, current limitations on training, retraining and otherwise
developing employees make it difficult to correct skill imbalances and
to prepare current employees for new lines of work to meet changing
missions and emerging technologies.
C. Changes Required/Expected Benefits
The primary benefit expected from this demonstration project is
greater organizational effectiveness through increased employee
satisfaction. The long-standing Department of the Navy ``China Lake''
and NIST demonstration projects have produced impressive statistics on
increased job satisfaction and quality of employees versus that for the
Federal workforce in general. This project will demonstrate that a
human resource system tailored to the mission and needs of the NSRDEC
workforce will facilitate:
(1) Increased quality in the workforce and resultant products,
(2) Increased timeliness of key personnel processes,
(3) Increased retention of ``excellent performers,''
(4) Increased success in recruitment of personnel with critical
skills,
(5) Increased management authority and accountability,
(6) Increased satisfaction of customers, and
(7) Increased workforce satisfaction with the personnel management
system.
An evaluation model was developed for the Director of Defense,
Research and Engineering (DDR&E) in conjunction with STRLs, service
representatives, and OPM. The model will measure the effectiveness of
this demonstration project, as modified in this plan, and will be used
to measure the results of specific personnel system changes.
D. Participating Organizations
NSRDEC is comprised of the NSRDEC at the Natick Soldier System
Center, Natick, Massachusetts, NSRDEC employees matrixed to Program
Management offices, and NSRDEC employees geographically dispersed at
the locations shown in Appendix A. It should be noted that some sites
currently employ fewer than 10 people and that the sites may change
should NSRDEC reorganize or realign. Successor organizations will
continue coverage in the demonstration project.
E. Participating Employees and Union Representation
This demonstration project will cover approximately 700 NSRDEC
civilian employees under title 5 U.S.C. in the occupations listed in
Appendix B. The project plan does not cover members of the Senior
Executive Service (SES), Scientific and Professional (ST) employees,
Federal Wage System (FWS) employees, employees presently covered by the
Defense Civilian Intelligence Personnel System (DCIPS), DA and Army
Command centrally funded interns and students employed under the
Student Career Experience Program (SCEP). Employees on temporary
appointments will not be covered by the demonstration project.
Department of Army, Army Command centrally funded, and local
interns (hired prior to implementation of the project) will not be
converted to the demonstration project until they reach their full
performance level. They will also continue to follow the Total Army
Performance Evaluation System (TAPES) performance appraisal system.
Local interns hired after implementation of the project will be covered
by all terms of the demonstration project.
The National Association of Government Employees (NAGE) Local
[[Page 68453]]
R1-34 represents the majority of NSRDEC employees. Of those employees
assigned to NSRDEC, approximately 85 percent are represented by NAGE.
NSRDEC has maintained on-going communication with the Union regarding
its intent to pursue approval for a laboratory personnel demonstration
project. NSRDEC is continuing to inform the Union, and its Executive
Vice President is participating as a member of the Workforce Advisory
Group. Negotiations will begin after publication of this Federal
Register. NSRDEC will continue to fulfill its obligation to consult
and/or negotiate with all labor organizations in accordance with 5
U.S.C. 4703(f) and 7117.
F. Project Design
NSRDEC has been a DoD STRL since June 1995. This status authorized
NSRDEC to participate in all of the STRL initiatives, to include the
authority to carry out personnel demonstration projects. NAGE Local R1-
34 actively participated in the development of an earlier personnel
demonstration project (PDP). However, as a result of DoD development of
a best practices model and the design and implementation of the
National Security Personnel System (NSPS), the proposal was not acted
upon. Subsequently, in 2005 the NSRDEC submitted a request to adopt the
CERDEC demonstration project. The CERDEC demonstration project was the
most recently approved demonstration project, used an inclusive
approach for its design, and benefitted from the experiences of prior
STRL demonstration projects. After the enactment of the National
Defense Authorization Act for Fiscal Year 2008 provided for full
implementation of the personnel demonstration project, the DoD
announced NSRDEC's intent to adopt the CERDEC demonstration project in
73 FR 73248, December 2, 2008.
G. Personnel Management Board
NSRDEC has created a Personnel Management Board to oversee and
monitor the fair, equitable, and consistent implementation of the
provisions of the demonstration project to include establishment of
internal controls and accountability. Members of the board are senior
leaders appointed by the NSRDEC Director. As needed, ad hoc members
will serve in an advisory capacity to the Board.
The board will execute the following:
(1) Determine the composition of the pay-for-performance pay pools
in accordance with the guidelines of this proposal and internal
procedures;
(2) Review operation of pay pools and provide guidance to pay pool
managers;
(3) Oversee disputes in pay pool issues;
(4) Formulate and execute the civilian pay budget;
(5) Manage the awards pools;
(6) Determine hiring and promotion base pay as well as exceptions
to pay-for-performance base pay increases;
(7) Conduct classification review and oversight, monitoring and
adjusting classification practices and deciding board classification
issues;
(8) Approve major changes in position structure;
(9) Address issues associated with multiple pay systems during the
demonstration project;
(10) Establish Standard Performance Elements and Benchmarks;
(11) Assess the need for changes to demonstration project
procedures and policies;
(12) Review requests for Supervisory/Team Leader Base Pay
Adjustments and provide recommendations to the appropriate Center
Director;
(13) Ensure in-house budget discipline;
(14) Manage the number of employees by occupational family and pay
band;
(15) Develop policies and procedures for administering
Developmental Opportunity Programs;
(16) Ensure that all employees are treated in a fair and equitable
manner in accordance with the policies, regulations and guidelines
covering this demonstration project; and,
(17) Monitor the evaluation of the project.
III. Personnel System Changes
A. Pay Banding
The design of the pay banding system takes advantage of the many
reviews performed by DA and DoD. The design has the benefit of being
preceded by exhaustive studies of pay banding systems currently
practiced in the Federal sector, to include those practiced by the
Navy's ``China Lake'' experiment and NIST. The pay banding system will
replace the current GS structure. Currently the fifteen grades of the
GS are used to classify positions and, therefore, to set base pay. The
GS covers all white-collar work--administrative, technical, clerical
and professional. Changes in this rigid structure are required to allow
flexibility in hiring, developing, retaining, and motivating the
workforce.
1. Occupational Families
Occupations with similar characteristics will be grouped together
into one of three occupational families with pay band levels designed
to facilitate pay progression. Each occupational family will be
composed of pay bands corresponding to recognized advancement and
career progression expected within the occupations. These pay bands
will replace individual grades and will not be the same for each
occupational family. Each occupational family will be divided into
three to five pay bands with each pay band covering the same pay range
now covered by one or more GS grades. Employees track into an
occupational family based on their current series as provided in
Appendix B. Upon conversion into the demonstration project, NSRDEC
employees are initially assigned to the highest band in which their
grade fits. For example, a Management Analyst GS-343-12 in the Business
and Technical Family is assigned to Pay Band III as illustrated in
Figure 1. The upper and lower pay rate for base pay of each band is
defined by the GS rate for the grade and step as indicated in Figure 1
except for Pay Band V of the Engineering and Science occupational
family (refer to III.A.3.). Comparison to the GS grades was used in
setting the upper and lower base pay dollar limits of the pay band
levels. However, once employees are moved into the demonstration
project, GS grades will no longer apply. The current occupations have
been examined, and their characteristics and distribution have served
as guidelines in the development of the following three occupational
families:
E&S (Pay Plan DB): This occupational family includes technical
professional positions, such as engineers, physicists, chemists,
mathematicians, operations research analysts and computer scientists.
Specific course work or educational degrees are required for these
occupations. Five bands have been established for the E&S occupational
family:
(1) Band I is a student trainee track covering GS-1, step 1 through
GS-4, step 10.
(2) Band II is a developmental track covering GS-5, step 1 through
GS-11, step 10.
(3) Band III * is a full-performance technical track covering GS-
12, step 1 through GS-14, step 10. Some first-level supervisory
positions may also be included in this band.
(4) Band IV * includes both senior technical positions along with
supervisors-managers covering GS-14, step 1 through GS-15, step 10.
(5) Band V is a senior scientific-technical manager. The pay range
is as
[[Page 68454]]
follows: minimum base pay is 120 percent of minimum base pay of GS-15;
maximum base pay is Level IV of the Executive Schedule (EX IV); and
maximum adjusted base pay (adjusted base pay is the base rate plus
locality or staffing supplement, as appropriate) is Level III of the
Executive Schedule (EX III).
* Bands III and IV overlap at the end and start points. These two
bands have been designed following a feature used by the Navy's ``China
Lake'' project. Upon conversion into the demonstration project, NSRDEC
employees in the E&S family currently at grade GS-14 are assigned to
Band IV.
Business & Technical (B&T) (Pay Plan DE): This occupational family
includes such positions as program acquisition specialists, equipment
specialists, engineering and electronics technicians, finance,
accounting, administrative, and management analysis. Employees in these
positions may or may not require specific course work or educational
degrees. Four bands have been established for the B&T occupational
family:
(1) Band I is a student trainee track covering GS-1, step 1 through
GS-4, step 10.
(2) Band II is a developmental track covering GS-5, step 1 through
GS-11, step 10.
(3) Band III is a full performance track covering GS-12, step 1
through GS-13, step 10.
(4) Band IV is a senior technical/manager track covering GS-14,
step 1 through GS-15, step 10.
General Support (GEN) (Pay Plan DK): This occupational family is
composed of positions for which specific course work or educational
degree is not required. Clerical work usually involves the processing
and maintenance of records. Assistant work requires knowledge of
methods and procedures within a specific administrative area. This
family includes such positions as secretaries, office automation
clerks, and budget/program/computer assistants. Three bands have been
established for the GEN occupational family:
(1) Band I includes entry-level positions covering GS-1, step 1
through GS-4, step 10.
(2) Band II includes full-performance positions covering GS-5, step
1 through GS-8, step 10.
(3) Band III includes senior technicians/assistants/secretaries
covering GS-9 step 1 through step 10.
2. Pay Band Design
The pay bands for the occupational families and how they relate to
the current GS framework are shown in Figure 1.
Figure 1--Pay Band Chart
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Equivalent GS grades
Occupational family --------------------------------------------------------------------------------------------------------------------------------------------------------------
I II III IV V
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
E&S.............................. GS-01--GS-04 GS-05--GS-11 GS-12--GS-14 GS-14--GS-15 >GS-15
Business & Technical............. GS-01--GS-04 GS-05--GS-11 GS-12--GS-13 GS-14--GS-15 .............................
General Support.................. GS-01--GS-04 GS-05--GS-08 GS-9 .............................. .............................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Employees will be converted into the occupational family and pay
band that corresponds to their GS/GM series and grade. The Engineering
and Science occupational family has an overlapping pay band. GS-14
Engineers and Scientists will convert into Pay Band IV. Each employee
converted to the demonstration project is assured, upon conversion, an
initial place in the system without loss of pay. New hires will
ordinarily be placed at the lowest base pay rate in a pay band.
Exceptional qualifications, specific organizational requirements, or
other compelling reasons may lead to a higher entrance base pay within
a band. As the rates of the GS are increased due to the annual general
pay increases, the upper and lower base pay rates of the pay bands will
also increase. Since pay progression through the bands depends directly
on performance, there will be no scheduled Within-Grade Increases
(WIGIs) or Quality Step Increases (QSIs) for employees once the pay
banding system is in place. Special rate schedules will no longer be
applicable to demonstration project employees. Special provisions have
been included to ensure no loss of pay upon conversion. (See III. E.9,
Staffing Supplements).
3. Pay Band V
The pay banding plan expands the pay banding concept used at
``China Lake'' and NIST by creating Pay Band V for the Engineering and
Science occupational family. This pay band is designed for Senior
Scientific Technical Managers (SSTM). The current definitions of Senior
Executive Service (SES) and Scientific and Professional (ST) positions
do not fully meet the needs of the NSRDEC.
The SES designation is appropriate for executive level managerial
positions whose classification exceeds GS-15. The primary competencies
of SES positions relate to supervisory and managerial responsibilities.
Positions classified as ST are designed for bench research scientists
and engineers. These positions require a very high level of technical
expertise and have little or no supervisory responsibilities.
The NSRDEC has positions that may warrant classification above
grade GS-15 because of their technical expertise requirements. These
positions have characteristics of both SES and ST classifications. Most
of these positions are responsible for supervising other GS-15
positions, including lower level supervisors, and non-supervisory
engineers and scientists, and in some cases ST positions. The
supervisory and managerial requirements exceed those appropriate for ST
positions.
Management considers the primary requirement for these positions to
be knowledge of and expertise in the specific scientific and technology
areas related to the mission of their organizations, rather than the
executive leadership qualifications that are characteristic of the SES.
Historically, incumbents of these positions have been recognized within
the community as scientific and engineering leaders who possess strong
managerial and supervisory abilities. Therefore, although some of these
employees have scientific credentials that might compare favorably with
ST criteria, classification of these positions as STs is not an option
because the managerial and supervisory responsibilities cannot be
ignored.
Pay Band V will apply to a new category of positions designated as
Senior Scientific Technical Managers (SSTM). Positions so designated
will include those requiring scientific/engineering technical expertise
and full managerial and supervisory authority. Their scientific/
engineering technical expertise and responsibilities warrant
classification above the GS-15 level.
[[Page 68455]]
Current GS-15 positions will convert into the demonstration project
at Pay Band IV. After conversion these positions will be reviewed
against established criteria to determine if the positions should be
reclassified to Pay Band V. Other positions possibly meeting criteria
for designation as SSTM will be reviewed on a case-by-case basis. The
pay range for SSTM positions is: minimum base pay is 120 percent of
minimum base pay of GS-15; maximum base pay is Level IV of the
Executive Schedule (EX IV); and maximum adjusted base pay is Level III
of the Executive Schedule (EX III).
Vacant SSTM positions will be filled competitively to ensure that
selectees are preeminent technical leaders in specialty fields who also
possess substantial managerial and supervisory abilities. Panels will
be created to assist in filling SSTM positions. Panel members typically
will be SES members, ST employees and later those designated as SSTMs.
In addition, General Officers and recognized technical experts from
outside the NSRDEC may also serve as appropriate. The panel will apply
criteria developed from the OPM Research Grade Evaluation Guide for
positions exceeding the GS-15 level and other OPM guidance related to
positions exceeding the GS-15 level. The purpose of the panel is to
ensure impartiality, breadth of technical expertise and a rigorous and
demanding review.
SSTM positions will be subject to limitations imposed by DoD. SSTM
positions will be established only in a STRL that employs scientists,
engineers, or both. Incumbents of these positions will work primarily
in their professional technical capacity on research and development
and secondarily will perform managerial or supervisory duties.
The final component of Pay Band V is the management of all Pay Band
V assets. Specifically, this authority will be exercised at the DA
level, and includes the following: authority to classify, create, or
abolish positions within the limitations imposed by DoD; recruit and
reassign employees in this pay band; set pay and appraise performance
under this project's pay-for-performance system.
B. Classification
1. Occupational Series
The present GS classification system has over 400 occupational
series, which are divided into 23 occupational groupings. NSRDEC
currently has positions in approximately 65 occupational series that
fall into 14 occupational groupings. All positions listed in Appendix B
will be in the classification structure. Provisions will be made for
including other occupations in response to changing missions.
2. Classification Standards and Position Descriptions
NSRDEC will use CERDEC's fully automated classification system
modeled after the Navy's ``China Lake'' and ARL automated systems. ARL
developed a web-based automated classification system that can create
standardized, classified position descriptions under the new pay
banding system in a matter of minutes. The present system of OPM
classification standards will be used for the identification of proper
series and occupational titles of positions within the demonstration
project. Current OPM position classification standards will not be used
to grade positions in this project. However, the grading criteria in
those standards will be used as a framework to develop new and
simplified standards for the purpose of pay band determinations. The
objective is to record the essential criteria for each pay band within
each occupational family by stating the characteristics of the work,
the responsibilities of the position, and the competencies required.
New position descriptions will replace the current DA job descriptions.
The classification standard for each pay band will serve as an
important component in the new position description, which will also
include position-specific information, and provide data element
information pertinent to the job. The computer-assisted process will
produce information necessary for position descriptions. The new
descriptions will be easier to prepare, minimize the amount of writing
time and make the position description a more useful and accurate tool
for other personnel management functions.
Specialty work codes (narrative descriptions) will be used to
further differentiate types of work and the competencies required for
particular positions within an occupational family and pay band. Each
code represents a specialization or type of work within the occupation.
3. Fair Labor Standards Act
Fair Labor Standards Act (FLSA) exemption and non-exemption
determinations will be consistent with criteria found in 5 CFR part
551. All employees are covered by the FLSA unless they meet the
criteria for exemption. The duties and responsibilities outlined in the
classification standards for each pay band will be compared to the FLSA
criteria. As a general rule, the FLSA status can be matched to
occupational family and pay band as indicated in Figure 2. For example,
positions classified in Pay Band I of the E&S occupational family are
typically nonexempt, meaning they are covered by the overtime
entitlements prescribed by the FLSA. An exception to this guideline
includes supervisors/managers whose primary duty meets the definitions
outlined in the OPM GS Supervisory Guide. Therefore, supervisors/
managers in any of the pay bands who meet the foregoing criteria are
exempt from the FLSA. Supervisors with classification authority will
make the determinations on a case-by-case basis by comparing assigned
duties and responsibilities to the classification standards for each
pay band and the 5 CFR part 551 FLSA criteria. Additionally, the advice
and assistance of the Civilian Personnel Advisory Center, Northeast
Region, Civilian Human Resources Agency Center (CPAC/CHRA) will be
obtained in making determinations. The benchmark position descriptions
will not be the sole basis for the determination. Basis for exemption
will be documented and attached to each position description. Exemption
criteria will be narrowly construed and applied only to those employees
who clearly meet the spirit of the exemption. Changes will be
documented and provided to the CPAC/CHRA.
Figure 2--FLSA Status
[Pay bands]
------------------------------------------------------------------------
Occupational family I II III IV V
------------------------------------------------------------------------
E&S.................................. N N/E E E E
B&T.................................. N N/E E E
GEN.................................. N N E
------------------------------------------------------------------------
N--Non-Exempt from FLSA; E--Exempt from FLSA.
N/E--Exemption status determined on a case-by-case basis.
Note: Although typical exemption status under the various pay
bands is shown in the above table, actual FLSA exemption
determinations are made on a case-by-case basis.
4. Classification Authority
The NSRDEC Director will have delegated classification authority
and may, in turn, re-delegate this authority to appropriate levels.
Position descriptions will be developed to assist managers in
exercising delegated position classification authority. Managers will
identify the occupational
[[Page 68456]]
family, job series, functional code, specialty work code, pay band
level, and the appropriate acquisition codes. Personnel specialists
will provide ongoing consultation and guidance to managers and
supervisors throughout the classification process. These decisions will
be documented on the position description.
5. Classification Appeals
Classification appeals under this demonstration project will be
processed using the following procedures: An employee may appeal the
determination of occupational family, occupational series, position
title, and pay band of his/her position at any time. An employee must
formally raise the area of concern to supervisors in the immediate
chain of command, either verbally or in writing. If the employee is not
satisfied with the supervisory response, he/she may then appeal to the
DoD appellate level. Appeal decisions rendered by DoD will be final and
binding on all administrative, certifying, payroll, disbursing, and
accounting officials of the government. Classification appeals are not
accepted on positions which exceed the equivalent of a GS-15 level.
Time periods for cases processed under 5 CFR part 511 apply.
An employee may not appeal the accuracy of the position
description, the demonstration project classification criteria, or the
pay-setting criteria; the assignment of occupational series to the
occupational family; the propriety of a pay schedule; or matters
grievable under an administrative or negotiated grievance procedure, or
an alternative dispute resolution procedure.
The evaluations of classification appeals under this demonstration
project are based upon the demonstration project classification
criteria. Case files will be forwarded for adjudication through the
CPAC/CHRA providing personnel service and will include copies of
appropriate demonstration project criteria.
C. Pay for Performance
1. Overview
The purpose of the pay-for-performance system is to provide an
effective, efficient, and flexible method for assessing, compensating,
and managing the NSRDEC workforce. It is essential for the development
of a highly productive workforce and to provide management at the
lowest practical level, the authority, control, and flexibility needed
to achieve a quality organization and meet mission requirements. Pay
for performance allows for more employee involvement in the assessment
process, strives to increase communication between supervisor and
employee, promotes a clear accountability of performance, facilitates
employee career progression, and provides an understandable and
rational basis for pay changes by linking pay and performance.
The pay-for-performance system uses annual performance payouts that
are based on the employee's total performance score rather than within-
grade increases, quality step increases, promotions from one grade to
another where both grades are now in the same pay band (i.e., there are
no within-band promotions) and performance awards. The normal rating
period will be one year. The minimum rating period will be 120 days.
Pay-for-performance payouts can be in the form of increases to base pay
and/or in the form of bonuses that are not added to base pay but rather
are given as a lump sum bonus. Other awards such as special acts, time-
off awards, etc., will be retained separately from the pay-for-
performance payouts.
The system will have the flexibility to be modified, if necessary,
as more experience is gained under the project.
2. Performance Objectives
Performance objectives define a target level of activity, expressed
as a tangible, measurable objective, against which actual achievement
can be compared. These objectives will specifically identify what is
expected of the employee during the rating period and will typically
consist of three to ten results-oriented statements. The employee and
his/her supervisor will jointly develop the employee's performance
objectives at the beginning of the rating period. These are to be
reflective of the employee's duties/responsibilities and pay band along
with the mission/organizational goals and priorities. Objectives will
be reviewed annually and revised upon changes in pay reflecting
increased responsibilities commensurate with pay increases. Use of
generic one-size-fits-all objectives will be avoided, as performance
objectives are meant to define an individual's specific
responsibilities and expected accomplishments. In contrast, performance
elements as described in the next paragraph will identify generic
performance characteristics, against which the accomplishment of
objectives will be measured. As a part of this demonstration project,
training focused on overall organizational objectives and the
development of performance objectives will be held for both supervisors
and employees. Performance objectives may be jointly modified, changed
or deleted as appropriate during the rating cycle. As a general rule,
performance objectives should only be changed when circumstances
outside the employee's control prevent or hamper the accomplishment of
the original objectives. It is also appropriate to change objectives
when mission or workload shifts occur.
3. Performance Elements
Performance elements define generic performance characteristics
that will be used to evaluate the employee's success in accomplishing
his/her performance objectives. The use of generic characteristics for
scoring purposes helps to ensure comparable scores are assigned while
accommodating diverse individual objectives. This pay-for-performance
system will utilize those performance elements provided in Appendix C.
All elements are critical. A critical performance element is defined as
an attribute of job performance that is of sufficient importance that
performance below the minimally acceptable level requires remedial
action and may be the basis for removing an employee from his/her
position. Non-critical elements will not be used. Each of the
performance elements will be assigned a weight, which reflects its
importance in accomplishing an individual's performance objectives. A
minimum weight is set for each performance element. The sum of the
weights for all of the elements must equal 100.
A single set of performance elements will be used for evaluating
the annual performance of all NSRDEC personnel covered by this plan.
This set of performance elements may evolve over time, based on
experience gained during each rating cycle. This evolution is essential
to capture the critical characteristics the organization encourages in
its workforce toward meeting individual and organizational objectives.
This is particularly